’s LAST, FINAL AND BEST - arh.org LBF... · The terms of the ARH’s LAST, FINAL AND BEST offer are ... C. Grievance Form ... referred to as “the Union” or the “United Steelworkers-USW-AFL-CIO

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March 21, 2013

APPALACHIAN REGIONAL HEALTHCARE, INC. (hereafter referred to as "ARH") makes

this following LAST, FINAL AND BEST OFFER to the UNITED STEELWORKERS - USW

(hereafter referred to as "the Union" or the "United Steelworkers") and Local Union Nos. 14310,

14398, 14628, 14636, 14637, 14568, 14491, 9148, and 14310-01. ARH proposes that the new

Agreement contain the provisions of the Current Collective Bargaining Agreement dated April 1,

2010 - March 31,2013, as amended by the changes contained in this LAST, FINAL AND BEST

OFFER.

ARH reserves the right to correct any substantive typographical or spelling errors contained in

this proposal when preparing signature copies of the parties’ collective bargaining agreement.

The terms of the ARH’s LAST, FINAL AND BEST offer are as follows:

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Collective Bargaining Agreement

Between

Appalachian Regional Healthcare, Inc.

And

United Steel, Paper and Forestry, Rubber, Manufacturing,

Energy, Allied Industrial and Service Workers

International Union

United Steelworkers – USW

April 1, 2013

Through

March 31, 2016

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TABLE OF CONTENTS

PREAMBLE

AGREEMENT

ARTICLES

1. Nondiscrimination

2. Periodic Meetings

3. Recognition of the Union

4. Union Security

5. Check-off

6. Political Action Committee

Deduction (PAC Deduction)

7. Special Insurance Deduction

8. Union Activity, Visitation, and

Bulletin Boards

9. Descriptions & Classifications of

Existing, New, or Changed Jobs

10. Job Vacancy Notice

11. Probationary Employees

12. Definition of Active and

Continuous Service

13. Seniority

14. Layoff, Bumping, Recall

Reduction of Hours

15. Hours of Work and Work Week

16. Pyramiding of Premium

Pay Prohibited

17. Rates of Pay

18. Medical Benefits

19. Sick Leave

20. Temporary Disability

21. Workers Compensation

22. Pension

23. Vacations/PTO

24. Holidays

25. Bereavement Leave

26. Jury Duty

27. Military Service

28. Leave of Absence

29. Uniforms

30. Continuing Education

31. Notice of Absence-

Absence With-out Reason

32. Suspension and Discharge Cases

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33. Grievance and Arbitration

34. Excluded Personnel Performing

Bargaining Unit Work

35. Students and Volunteers

36. No Strike, No Lockout

37. Subcontracting

38. Substance Abuse Testing

39. Civil Rights

40. Health and Safety

41. Local Agreements

42. Management Rights

43. Notice

44. Scope of Agreement

45. Severability

46. Duration

47. Part-time Employees

48. Workplace Change

49. Labor Management Committees

APPENDICES

A. 2010 Wage Structure

AA. 2013 Wage Structure

A1. Addendum to Homemaker

B. Check off Authorization Form

C. Grievance Form

D. Permanent Panel of Arbitrators

E. Education Requirements for All

Positions

E. 1 Addendum to Appendix E

F. Maintenance Agreement

G. Excluded Personnel

Daniel Boone Clinic

H. Definition of Emergency

I. Pharmacy Benefit Schedule 2014/2015

J. Employee Disciplinary Notice

K. Severe Illness/Catastrophic Accident

L. Deleted

M. Imaging Technologists

N. Absenteeism Control Program

O. Pension Benefits

P. Substance Abuse Testing Procedures & Addendum to Appendix P

Q. Excluded Personnel Memo

R. Incentive Pay for Medical Records Transcriptionists

S. Mediation

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PREAMBLE

No Change

Tentative Agreement 1/30/13

WHEREAS, ARH is a non-profit, charitable corporation which operates health care entities,

and whose net earnings, if any, do not inure to the benefit of any private shareholder of any individual;

and

WHEREAS, ARH desires to enter into collective bargaining, with certain of its employees,

on a completely voluntary basis; and

WHEREAS, ARH recognizes the Union as the exclusive collective bargaining representative

for the Employees covered by this Agreement as hereinafter provided; and

WHEREAS, it is the intent and the purpose of the parties hereto that this Agreement promote

and improve the mutual interests of the patients of ARH as well as of the Employees and to avoid

interruptions and interferences with services to patients; and

WHEREAS, it is the intent and purpose of the parties hereto that this Agreement shall set

forth the agreements of the parties hereto with respect to rates of pay, hours of work and conditions of

employment to be observed by ARH, the Union and the Employees covered by this Agreement, to

provide procedures for the equitable adjustment of grievances, to prevent lockouts, interruptions of

work, work stoppages, slowdowns, strikes or other interferences with the work of the health care

entities during the life of the Agreement, and to promote harmonious relations between ARH, its

Employees and the Union; and

WHEREAS, ARH and the Union encourage the highest possible degree of friendly,

cooperative relationships between their respective representatives at all levels and with and between

all Employees. The officers of ARH and the Union realize that this goal depends on more than words

in a labor agreement, that it depends primarily on attitudes between people in their respective

organizations and at all levels of responsibility. They believe that proper attitudes must be based on

full understanding of and regard for the respective rights and responsibilities of both ARH and the

Union. They believe also that proper attitudes are of major importance in ARH where day-to-day

operations and administration of this Agreement demand fairness and understanding. They believe

that these attitudes can be encouraged best when it is made clear that ARH and Union officials, whose

duties involved negotiation of this Agreement, are not anti-union or anti-company but are sincerely

concerned with the best interests and well-being of the business and all employees; and

WHEREAS, the Union and Employees covered by this Agreement recognize that ARH's

obligation to operate its business in a fiscally responsible manner and to fulfill its obligation to its

patients, and to its Employees to pay a fair day's pay for a fair day's work, should not be obstructed by

disputes between it and its Employees; and

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WHEREAS, it is understood that the terms and conditions covered by this Agreement have

been resolved by means of voluntary collective bargaining and are binding upon ARH, the Union and

the Employees covered by this Agreement during the term of this Agreement and any renewal thereof.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties

hereto agree as follows:

AGREEMENT

No Change


THIS AGREEMENT, made and entered into by and between APPALACHIAN

REGIONAL HEALTHCARE, INC., with offices at 2285 Executive Drive, Lexington, Kentucky

40505, and its successors, hereinafter designated as “ARH” and the United Steel, Paper and

Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International

Union, with its offices at 5 Gateway Center, Pittsburgh Pennsylvania, 15222 and Local Union

Nos. 14310, 14398, 14636, 14637, 14628, 14568, 14491, 9148, and 14310-01 (hereinafter

referred to as “the Union” or the “United Steelworkers-USW-AFL-CIO-CLC”), and its

successors, acting as agent on behalf of the employees, as hereafter defined.

ARTICLE 1

NONDISCRIMINATION

No Change


The parties to this Agreement agree not to discriminate against any Employee or member of the Union

or applicant for membership in the Union, because of religion, race, creed, color, sex, age, national

origin, or qualified handicap, but will take affirmative action to insure that Employees and applicants

for membership and members of the Union are treated during employment without regard to their

religion, race, creed, color, sex, age, national origin, or qualified handicap. Such action shall include,

but not be limited to employment, upgrading, demotion or transfer; layoff or termination; rates of pay

or other forms of compensation; and selection for training, including apprenticeship.

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ARTICLE 2

PERIODIC MEETINGS

As evidence of their attitude and intent, ARH and Union agree that during the life of this Agreement,

representatives to be designated in writing by each party shall meet annually or more frequently if

mutually agreed, at a mutually satisfactory time and place. The purpose of such meeting shall be to

appraise the problems, if any, which have arisen in the application, administration, and interpretation

of this Agreement and which may be interfering with the attainment of the parties' objectives as set

forth above. The number of persons attending these meetings shall be mutually agreed to by the

parties. ARH will provide two (2) one (1) paid day annually for local union representatives to attend

these meetings.

Such meetings shall not be for the purpose of conducting continuing collective bargaining

negotiations, or in any way to modify, add to, or detract from the provisions of this Agreement.

Prior to any meeting held pursuant to the foregoing paragraphs, the parties shall provide each other

with two (2) weeks notice or such advance notice as is reasonable under the circumstances concerning

matters intended to be discussed.

ARTICLE 3

RECOGNITION OF THE UNION


Section A. ARH voluntarily recognizes the Union as the sole and exclusive collective

bargaining representative for the Employees, as hereinafter defined, of ARH at its nine (9)

regional hospitals: Local 14310 (Beckley ARH, Beckley ARH Home Health Agency, Beckley

Home Care Store, Beckley Medical Associates (f/k/a Southern West Virginia Clinic), Beckley,

WV; Man Home Health, Kistler, WV; Hinton Home Care Store, Hinton, WV); local 14398

(Williamson ARH, Tug Valley Medical Associates, Tug Valley Medical Mall, Central Services

of Pharmacy, Purchasing, and Laundry, South Williamson, KY, Home Health Agency, Home

Care Store, and Regional Distribution Center, Belfry, KY); Local 14636 (McDowell ARH,

ARH Professional Services Clinic, ARH Family Care Clinic-Wheelwright, ARH Family Care

Clinic-Wayland and McDowell Home Health Agency & McDowell Home Care Store,

McDowell, KY, Pikeville Home Care Store, Pikeville, KY); Local 14637 (Hazard ARH

Regional Medical Center, Psychiatric Center, Hazard Home Health Agency, Hazard Home Care

Store, Home Health Headquarters, Family Health Services – OB, Surgical, Prime Time Clinic,

Cancer Center, Medical Mall and System Center, Hazard, KY; Local 14568 (Whitesburg ARH,

Whitesburg Home Health Agency, Whitesburg ARH Clinic, ARH Home Care Store,

Whitesburg, KY; ARH Central Billing, Jenkins, KY); Local 14491 (Harlan ARH, ARH Medical

Associates, Harlan Billing and Transcription Services, Harlan Home Health Agency & Home

Care Store, Harlan, KY; ARH Tri-City Medical Center, Cumberland, KY); Local 14628

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(Middlesboro ARH, Women’s and Family Health Center, ARH Family Practice Clinic, ARH

Middlesboro Clinic, Middlesboro Home Health Agency & Home Care Stores, ARH Outpatient

Pharmacy, Middlesboro ARH Clinic, Middlesboro, KY, Dr. Michael Ukaegbu and Dr.

Christopher Steidle); Local 9148 (Morgan County ARH, ARH Morgan County Clinic, Morgan

County Home Health Agency, West Liberty Home Care Store, West Liberty, KY; ARH Cash

Posting); and Local 14310-01 (Summers County ARH and ARH Summers County Clinic –

Hinton, WV) with respect to rates of pay, hours of work and other conditions of employment.

Section B. The bargaining unit includes only the full-time and regularly employed part-time

maintenance, service, LPN, clerical, and technical employees including those at the locations listed in

Section A., and those listed in Appendix A and shall specifically exclude, among others, the

following:

Physicians

Registered Nurses

Supervisory Personnel with authority to hire, discharge, promote, or discipline, or to

recommend hiring, discharging, promotion or disciplining

Lexington Office Employees

Confidential Personnel

Administrative Personnel

Professional Personnel

ARTICLE 4

UNION SECURITY

No Change


Section A. All Employees of ARH covered by this Agreement including members of the Union and

those who are not members on the effective date of this Agreement, shall, as a condition of

employment, not later than the thirty first (3lst) day following the execution date of this Agreement,

become and remain members in good standing in the Union except as provided in Section B.

Employees covered by this Agreement who are hired after the execution date of this Agreement shall,

as a condition of employment become a member of the Union not later than thirty one (3l) days after

their hire date except as provided in Section B.

Section B. Employees who, for philosophical reasons, including those Employees previously

exempted by agreement, do not desire to become members of the Union shall, as a condition of

employment, pay service fees equal to the amount of Union dues to the Union toward the

administration of this Agreement and the representation of such Employees.

Employees who are members of, or adhere to established and traditional tenets or teachings of a bona

fide religion, body, or sect, which has historically held conscientious objections to joining or

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financially supporting labor organizations shall not be subject to the requirements of Section A, but

shall be required to pay as a condition of employment, in lieu of the periodic dues or service fees,

sums equal to such dues or fees to one of the following listed non-religious charitable funds exempt

from taxation under Section 50l (c) (3) of the Internal Revenue Code:

(1) ARH Foundation for Healthier Communities

(2) American Cancer Society

(3) American Heart Association

Section C. The foregoing provisions shall be effective in accordance and consistent with applicable

provisions of federal and state law.

Section D. For the purpose of this section, an Employee who is within the collective bargaining unit

of ARH, shall not be deemed to have lost his membership in the Union in good standing until the

International Treasurer of the Union shall have determined that the membership of such Employee in

the Union is not in good standing and shall have given ARH a notice in writing of that fact.

ARTICLE 5

CHECKOFF

No Change


Section A. ARH will checkoff monthly dues, assessments, and initiation fees each as designated by

the International Treasurer of the Union on the basis of individually signed voluntary checkoff

authorization cards in forms agreed to by ARH and the Union. Dues so collected will be forwarded to

the International Treasurer of the Union at an address designated by him for that purpose. The form of

the authorization shall be in the form of Appendix "B", which is attached to and made a part of this

Agreement.

Section B. At the time of his employment ARH will suggest that each new Employee voluntarily

execute an authorization for the check-off of Union dues in the form agreed upon. A copy of such

authorization card for the check-off of dues shall be forwarded to the Financial Secretary of the Local

Union along with the membership application of such Employee.

Section C. Deductions on the basis of authorization cards submitted to ARH shall commence with

respect to dues for the month in which ARH received such authorization card or in which such card

becomes effective, whichever is later. Deductions for a given month shall be deducted from each

payroll period.

Section D. In the event of an overcharge for dues or assessments collected by ARH, the Union shall

be responsible for adjustment of such claims with the Employee. In the event of an undercharge, upon

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proper notification by the Union, ARH shall make further deduction for this purpose on the next

succeeding pay day.

Section E. In cases of earnings insufficient to cover deduction of dues, the due shall be deducted from

the next pay in which there are sufficient earnings, or a double deduction may be made from the first

pay of the following month, provided however, that the accumulation of dues shall be limited to two

(2) months. The International Treasurer of the Union shall be provided with a list of those Employees

for whom double deduction has been made.

Section F. The Union will be notified of the reason for non-transmission of dues in case of inter-unit

transfer, layoff, discharge, resignation, leave of absence, sick leave, retirement, death or insufficient

earnings.

Section G. Unless ARH is otherwise notified, the only Union membership dues to be deducted for

payment to the Union from the pay of the Employee who has furnished an authorization shall be the

monthly Union dues. ARH will deduct initiation fees when notified by notation on the lists referred to

in Section J, and assessments as designated by the International Treasurer of the Union after such

check-off authorization cards have become effective. The International Treasurer of the Union shall

be provided with a list of those Employees for which initiation fees have been deducted under this

paragraph.

Section H. The parties will make mutually satisfactory arrangements at the local level to insure that

those Employees who have signed effective check-off authorizations will be picked up so long as

ARH is not required to compile additional records.

Section I. The parties shall make such arrangements as may be necessary to adapt the foregoing

check-off provisions to the check-off of the service charge referred to in Article 4 above, pursuant to

voluntary authorizations thereof.

Section J. ARH agrees to furnish a list each month to the Union with the name, address, birth date,

and date of employment of newly hired Employees and a list of terminated Employees in the

bargaining unit.

Section K. The obligation of ARH to make the deductions as provided in Section A shall terminate

upon the termination of the employment of the Employee who authorized the deduction or upon his

transfer to a work classification not covered by the Agreement. When an Employee is on a layoff

status or absence due to a leave without pay, the dues deduction shall be suspended; when an

Employee is reinstated or returns from an official leave of absence, deductions shall be resumed.

Section L. The Union agrees that it will indemnify and save ARH harmless from and against any

action, claims, suit or other form of liability growing out of these deductions or any action taken in

reliance on any list, notice or assignment furnished under any of such provisions. The Union assumes

full responsibility for the disposition of the monies so deducted once they have been turned over to the

Union as aforesaid.

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Section M. The provisions of the Subsection shall be effective in accordance and consistent with

applicable provisions of federal law.

ARTICLE 6

POLITICAL ACTION COMMITTEE

DEDUCTION (PAC DEDUCTION)

No Change


Section A. Effective April l, l980, ARH agrees to deduct from the pay of Employees covered by the

Collective Bargaining Agreement at any individual facility, an annual PAC deduction. The deduction

will only be made at one (l) level and will be uniform for the bargaining unit.

Section B. The annual deduction will be made in the first full pay period covering wages paid for

earnings owed for the month of January of each year.

Section C. Deduction will be made on the basis of authorization cards signed by the Employee and

submitted to ARH thirty (30) days in advance of the pay period stated in Section B.

Section D. ARH will forward the deductions to the Treasurer of the United Steel, Paper and Forestry,

Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Political

Action Fund, Five Gateway Center, Pittsburgh, PA l5222, with a list showing the name and amount

deducted for each Employee.

Section E. The obligation of ARH to make the deduction provided in this Article shall terminate

upon termination of the Employee and/or when the earnings of the Employee in the specified pay

period are not sufficient to fully accommodate the deduction.

Section F. The Union agrees that it will indemnify and save ARH harmless from and against any

action, claim, suit or other form of liability growing out of this deduction or any action taken in

reliance on any list, notice or assignment furnished under any such provisions. The Union assumes


Union as aforesaid.

Section G. The provisions of this Article shall be effective in accordance and consistent with

applicable provisions of federal law.

ARTICLE 7

SPECIAL INSURANCE DEDUCTION

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No Change


Section A. Effective April l, l977, ARH agrees to deduct from the pay of all Employees covered by

the Collective Bargaining Agreement at any individual hospital monthly insurance premium

contributions for each Employee. The deduction will only be made in two (2) levels (amounts) which

will be uniform for the bargaining unit. The deduction must be authorized in writing by each

Employee. The special insurance deduction shall be forwarded by ARH to the appropriate insurance

company.

Section B. The Union agrees that it will indemnify and save ARH harmless from and against any

action, claim, suit or other form of liability growing out of these deductions or any action taken in

reliance on any list, notice, or assignment furnished under any of such provisions. The Union assumes


Union as aforesaid.

ARTICLE 8

UNION ACTIVITY, VISITATION,

AND BULLETIN BOARDS

No Change


Section A. No Employee or representative of the Union shall engage in any activity, including the

distribution of literature which unreasonably interferes with the performance of work or in the work of

ARH or in the work of a particular facility, provided however, nothing herein shall be considered as

depriving either party hereto of any rights or protection granted under any applicable federal or state

law.

Section B. A representative of the International Union shall have reasonable access to ARH for the

purpose of conferring with ARH management, officers of the local Union, and Employees. He shall

give notice to the Administrator or his designee upon his arrival. Where the International Union

representative finds it necessary to enter a department of a hospital, he shall do so only in such a

manner as to not interfere with patient care.

Section C. The Union shall have the privilege of posting notices of meetings, elections of local and

International Union officers, notices of Union recreation, social, business, or other literature pertaining

to legitimate Union activity on a bulletin board provided by ARH for that purpose. A notice shall be

posted by the Union after delivering a copy of the notice to the Community CEO’s office. Such

bulletin board shall be placed at a convenient and readily accessible place inside the hospitals and

Central Pharmacy, Purchasing, Maintenance, and Laundry units at South Williamson, Kentucky and

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Clinics as agreed to by the parties. There shall be no other posting by Employees or the Union of

pamphlets, advertising or political matter, notice or any kind of literature upon ARH property other

than this as provided herein. In other ARH locations, ARH will agree to provide bulletin board space

in non-hospital units for use by the USW for job postings, etc.

Section D. No literature, pamphlets, advertising or political matter will be posted or distributed by

management which are derogatory to the Union or its members, however, nothing herein shall be

considered as depriving either party hereto of any rights or protection granted under any applicable

federal or state law.

ARTICLE 9

DESCRIPTIONS AND

CLASSIFICATIONS OF EXISTING,

NEW OR CHANGED JOBS


Section A. When and if from time to time ARH, at its discretion, establishes a new job or changes the

job content requirements of the job as to training, skill, responsibility, effort, and working conditions

of an existing job, a new job description for the newly changed job shall be established in accordance

with the following procedure.

l. ARH will develop a description of the job.

2. The proposed description will be submitted to the officially designated representatives of

ARH and the union for mutual agreement of the job description.

3. A job description and classification meeting shall be held within ninety (90) days after contract

signing to discuss any job changes and/or upgrades. The company will designate

representatives and all local union presidents shall be the officially designated representatives

of the union. Only those persons (or a designee if the local union president is unable to attend)

plus a maximum of two Employees who work in the department or job classification which is

being discussed and staff representatives will attend the description meeting. No other

observers shall be present for the Union.

4. If ARH and USW representatives are unable to agree upon the job description, ARH shall

install the proposed job and the standard hourly wage for the job class to which the job is thus

assigned shall apply. The Employees affected shall work under the proposed job description

and classification for a trial period of sixty (60) days. Thereafter, the Union may, at any time

within thirty (30) days, file a grievance alleging that the job is improperly classified. Prior to

filing the grievance, the parties may agree to meet and discuss the job description. Such

grievances shall be submitted at the fourth step of the grievance and arbitration procedure of

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this Agreement. Thereafter, if the grievance is submitted to arbitration, the decision of the

arbitrator shall be effective as of the date of the installation of the job.

5. The parties will meet six (6) months prior to the expiration of the agreement to discuss any

potential changes to job descriptions and/or classifications.

Section B. Job descriptions shall continue in effect unless:

l. The job is terminated or not occupied during a period of one (l) year; or

2. The description and classification is changed in accordance with mutual agreement of designated

representatives of ARH and the Union.

Section C. All Union presidents shall be provided with copies of bargaining unit job descriptions

presently in effect.

Section D. As job descriptions are reviewed or changed, both parties, by their designated

representatives, will sign the approved job descriptions. The pay grade will be reflected on each job

description.

ARTICLE 10

JOB VACANCY NOTICE


Section A. When a job vacancy develops in a job classification covered by this Agreement, ARH

shall inform employees of such vacancy by posting notices on the Union bulletin board in the facilities

concerned and electronically on the ARH careers website. The notice should contain the following

information:

l. Job title

2. Job description

3. Rate of pay and grade

4. Department

5. Shift involved and the day anticipated that the position will be vacant.

6. Estimated work schedule percentage for part-time employees.

Such posting shall remain for five (5) days before final selection of the applicant is made. At the time

such posting is made, a copy thereof shall be delivered to the local union president. ARH may fill the

position immediately pending final selection of the applicant.

Section B. Temporary jobs shall be defined as a job for a specific time period or a job vacant due to a

leave of absence or extended illness. The job posting will state that the job is temporary and will

terminate when the incumbent is able to return to work or in a specified number of days. Employees

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placed in temporary jobs shall return to their last previously held job at the time the Employee moved

to the temporary job. If the employee was on lay off status at the time he moved to the temporary job,

the Employee will be given the opportunity to bump at the end of the temporary job.

B.l. When ARH establishes a temporary job for a specific time period it shall not extend

beyond six months from the date initially filled. The six (6) month period shall not exceed six

(6) months through multiple fillings, unless resulting from the continued absence of the

incumbent.

B.2 Any temporary job exceeding six (6) months will be reviewed jointly for disposition by

the parties.

B.3 The Company shall furnish the Union on a quarterly payroll basis a listing of all

Steelworkers currently working in temporary jobs.

Section C. Eligible Employees, including those who are absent but released to return to work

within fifteen (15) days of the award date, desiring to bid on posted jobs shall file their bid

electronically on the ARH careers website within the five (5) days posting. (Upon request,

ARH Human Resources or an ARH representative shall assist any and all USW

represented employees with the electronic bidding procedure.) Employees will be afforded

the opportunity to bid upward at any time. Employees shall not be eligible to bid laterally or

down for a period of twelve (12) months after their last lateral or down job change, except in

cases where the bid would place them in formal training programs or when their currently held

temporary job is posted as becoming a regular job. The twelve (12) months shall commence on

the date the Employee was selected to fill the job. Employees with more than one year of

continuous service will be permitted to exercise one wild card bid over the life of this

Agreement. Employees will not be permitted to bid back to their current or most previously held

position for a period of six (6) months unless exercising their wild card bid. The employee will

not be allowed to bid back as her/his own replacement for a period of thirty (30) workdays. All

bids will be jointly reviewed by the Local Union President and the Human Resource

representative or designee before the selection of the employee to fill the vacancy is made.

Section D. In job grades l - 6 employees bidding a job, who meet the requirements of the job, will be

awarded the job on the basis of seniority. Employees bidding a job in grades 7 or above who meet the

requirements of the job (have the necessary training, education, experience, physical fitness and

ability) shall be awarded the job on the basis of better qualifications. If however, one of the applicants

is senior to the selected employee and meets the basic requirements of the job as outlined above, he

shall be given the opportunity, if requested by the employee within five (5) days of notification, to

prove by means of a trial period that he can perform the job duties in a satisfactory manner. The trial

period shall be impartial and not discriminatory. The length of the trial period will be ten (l0) days.

Employees failing to qualify for a bid job will return to their old classification at the rate they held

prior to their bid.

Section E. The job vacancy shall be filled within fourteen (14) days after an Employee is selected to

fill the vacancy unless, because of circumstances beyond the control of ARH, it cannot be filled. If the

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Employee who is selected is not placed in the vacant position within fourteen (14) days as aforesaid,

the Employee will, commencing with the fifteenth (15th) day be paid at the higher rate of pay, unless

he is not so placed because of circumstances beyond the control of ARH. In the case of a lateral or

downward bid, the Employee will, commencing with the fifteenth (15th) day, be paid at the rate of one

pay grade higher than his or her current rate until moved, unless he or she is not so placed because of

circumstances beyond the control of ARH. In any event, the Employee will be moved to the position

within (30) days.

Section F. In the event an Employee is awarded a job and is unable to perform the tasks required

by the job description, said Employee shall be disqualified and:

1. The Employee would be returned to his last previously held

job if it is vacant.

2. If that position is not vacant, the Employee shall place himself in any

vacant job that the Employee is able to perform, provided the employee

meets all the requirements of the position.

3. If there are no vacant positions described in (1) or (2) above, he will be

permitted to bump the least senior Employee on any job he is able to

perform and has greater seniority than the person he bumps.

4. Employees bumped under (3) above shall place themselves on a position

as provided in (2) and (3) above.

Section G. New hires shall not be eligible to bid for a period of twelve months from the date of

hire, except to bid to a higher percentage in their current job. At the sole discretion of the local

Administrator or Community CEO, new hires may be permitted to bid on other job openings

within the first twelve months of employment, or prior to ARH hiring from outside.

ARTICLE 11

PROBATIONARY EMPLOYEES


Section A. Newly hired Employees shall be considered probationary Employees for a period of ten

(10) weeks after their employment and will receive no continuous service credit during such period. If

continued in service subsequent to the first ten (10) weeks after their employment, they shall receive

full continuous service credit from the date of original hiring.

Section B. ARH retains the sole and exclusive right to transfer, layoff or discharge probationary

Employees.

17

Section C. Probationary Employees may file and process grievances under this Agreement and shall

receive full protection of this Agreement, however, a transfer, layoff or discharge may not be made the

subject of a grievance. Probationary Employees will not be discriminated against for Union Activity.

Section D. A probationary Employee cannot bid on posted jobs during his probationary period.

However, should no full-time or regularly employed part-time Employee bid on a posted job or should

none of the full-time or regularly employed part-time Employees who have bid be qualified to fill the

posted job, consideration shall be given by the Community CEO to probationary Employees before

applicants are accepted from outside the bargaining unit.

ARTICLE 12

DEFINITION OF ACTIVE AND

CONTINUOUS SERVICE

No Change


Section A. This clause defines how Active and Continuous Service will be defined and interpreted

for use in Article 23, Vacations and Article 19, Sick Leave.

Section B. The Active and Continuous Service period of time will be calculated from the date of

employment.

Section C. The Active and Continuous Service period of time calculated in Section B above will not

be interrupted for any official leave of absence without pay for periods of time less than two (2) years.

ARH shall not be entitled to accumulate absences without pay. Only continuing absences without pay

for periods of time less than two (2) years shall qualify for the benefits of this Article.

Section D. The Active and Continuous Service period of time calculated in Section B above will be

interrupted by official periods of leave of absence without pay in excess of two (2) or more years, e.g.

an Employee on official leave of absence for twenty-five (25) months will have his Active and

Continuous Service period reduced by one (l) month.

Section E. Any Employee on Leave Without Pay who is eligible for and receiving worker's

compensation benefits will not have his Active and Continuous service time interrupted. When

eligibility for worker's compensation benefits cease or when worker's compensation benefit payments

stop, the Active and Continuous Service period of eligibility will cease. However, when an Employee

who is on leave without pay for a compensable injury under the State Worker's Compensation laws

covering his employment receives a lump sum payment, the period of time allowed by Section C.9.a.

of Article 13 will be applicable.

18

ARTICLE 13

SENIORITY

No Change

Section A. Bargaining Unit seniority is defined as the length of time an Employee has been

continuously employed with a particular facility in a classification covered by this Agreement.

Section B. For purposes of promotion, demotion, lateral transfers, layoffs, and recalls, an Employee's

length of service at each individual facility shall govern as described in Article 10, Job Vacancy,

Section D. Shift preference selection within a job classification in a department or unit shall be on the

basis of seniority as it has been done in the past unless a local agreement is made specifying different.

Section C. Seniority rights shall be terminated when any of the following occur:

l. An Employee terminates voluntarily;

2. An Employee is discharged for cause;

3. An Employee is laid off for the period of time specified in the following chart:

EMPLOYEES

LENGTH OF

SERVICE

TIME OF

TERMINATION

During probation

period

.........Immediate

After probation

period but less than 1

year

Length of Service,

not to exceed 6

months

1 year but less than 3

years

...........1 year

3 years but less than

6 years

..........2 years

6 years but less than

11 years

..........3 years

11 years or more ..........4 years

4. A probationary Employee is terminated as provided in Article 11;

19

5. An Employee on sick leave fails to return as soon as the physician certifies that he/she is able to do

so;

6. An Employee on layoff who does not notify the ARH Community CEO of his intention to

return to work immediately after notification or who does not return to work when recalled after

a layoff within seven (7) calendar days after being notified to return to work by certified mail

addressed to his last known address as shown on ARH's records, unless excused because of the

occurrence of an act or event over which the Employee can exercise no reasonable control;

7. An Employee exceeds an official leave of absence;

8. An Employee retires (however, this shall not apply to retirement for disability);

9. An Employee is disabled with an ARH compensable injury during the course of ARH employment

and;

a. After final payment of statutory compensation fails to return to work within the time

constraints specified in Section C.3. The time period commencing from the date of the award.

b. Accepts gainful employment unless ARH determines he is physically unable to perform the

ARH job offered.

l0. An Employee is disabled with a non-compensable injury and;

a. Is absent for a period of time in excess of two (2) years.

b. Accepts gainful employment unless ARH determines he is physically unable to perform the

ARH job offered.

Section D. In the event a bargaining unit Employee accepts a job with management, his accrual of

seniority shall cease as of the date he enters the management job. Such Employee's accrued seniority

shall be preserved for a period not to exceed sixty (60) days. Should the Employee return to the

bargaining unit within the sixty (60) day period described above, his accrued seniority as of the date of

his status change will be restored. Thereafter, he shall be considered a new Employee should he return

to the bargaining unit. Preservation of such seniority shall be solely for the purpose of protecting the

Employee's seniority rights and shall not be used for any other purposes.

Section E. Except as otherwise provided in Article 23, Vacations and Article 19, Sick Leave, any

Employee absent due to physical disability who returns to work will suffer no loss of seniority.

Section F. ARH shall provide the Local Union updated seniority lists each July l and January l of

each year, and a copy will be posted on the Union bulletin board. Unless written objection is made

thereto within thirty (30) days after posting, the list shall be presumed correct.

20

ARTICLE 14

LAYOFF, BUMPING, RECALL,

REDUCTION OF HOURS

No Change


Section A. Layoff

l. When ARH determines that a layoff is needed, a list of those Employees affected shall be posted on

the Union bulletin board and a copy of such list shall be given to the Union prior to the layoff. ARH

will use its best efforts to advise those affected two (2) weeks prior to the effective date of such layoff.

During such two (2) week period ARH will discuss the decision with the local union committee at the

affected facility. The reasons for such layoff will be explained. ARH will take into consideration any

alternative method proposed by the local union committee. Any alternative proposals resulting from

the discussions will not be unreasonably denied.

2. Whenever ARH either reduces or increases its workforce in a particular facility, the principle

of seniority shall prevail, provided the Employee retained or recalled meets the requirements of

the job. In the event Employee(s) are laid off from the facility, volunteers for layoff from the

department and classification will be utilized providing the remaining Employees have the

qualifications to perform the work.

3. An employee continuously on layoff for thirty (30) days or more shall be given the opportunity to

transfer to other ARH facilities prior to ARH hiring a new Employee for job vacancies at other

facilities covered by this Agreement in accordance with the following:

a. The job vacancies for which Employees shall be eligible under these provisions shall be

only those that are not filled out of the seniority unit in the particular facility.

b. An employee shall be given such priority only if he files with the Community CEO of the

facility from which he is laid off a written request for such employment specifying the other

facility or facilities at which he would accept employment. Such application shall be on a

form provided by ARH, and made available on the date of layoff. Employees who thus apply

shall be given the opportunity to transfer to the job vacancies (other than temporary vacancies)

over new hires, and after they have been continuously on layoff for thirty (30) days, and shall

be given such priority in order of their local seniority (the earliest date of birth to control where

such seniority is identical), provided such Employees have the ability to do the job.

c. An Employee laid off from one facility who is offered and who accepts a job at another

facility in accordance with the foregoing provisions will have the same obligation to report for

work there as though he were a laid-off Employee at ARH. During his employment at the

facility, he will be subject to all the rules and conditions of employment in effect at that

21

facility. He will be considered as a new Employee at that facility for all purposes except that

the provisions of the probationary employees clause will not be applicable, and his local

seniority at the transfer facility for determining his seniority for purposes of promotion,

decrease in forces, or recalls after layoff at that unit shall be from the date of transfer to the

new facility. At any time during the first fourteen (14) calendar days of his employment at the

transfer facility he may elect to terminate such employment without affecting his seniority at

his home facility provided he gives reasonable notice of his intended termination. If he is laid

off from the transfer facility his seniority at the transfer facility will be cancelled when he is

recalled to his home facility. If his home facility is closed permanently his seniority at his

home facility will be cancelled and the facility to which he was transferred will become his

home facility.

d. An employee who accepts employment at another facility under these provisions will

continue to accrue seniority at his home facility in accordance with the applicable seniority

rules.

e. In the event of the closure of an ARH facility, unit, department, or service, the 30-day

waiting period will be waived.

4. Employees who are on sick leave or temporary disability, or Workers Compensation status as

verified by a physician, two (2) weeks prior to a layoff notification and who continue to be on such

status shall not be subject to layoff until such time as:

a. they are released to return to work by a physician or;

b. they fail to provide proof of continued disability every two (2) weeks. ARH will allow

these Employees to continue to be paid for their accumulated sick leave and temporary

disability benefits. Additionally ARH will continue to provide at its own cost and expense

health insurance coverage of the Employee for a period of three (3) calendar months from

the effective date of the layoff notification. All other Employees on leave at the time a

layoff occurs will be considered for layoff just as all other Employees who are on active

status.

5. Laid off Employees who are enrolled in ARH's group life insurance and health insurance plans may

remain in the group, providing they pay the premium and have the money in to the Payroll Department

prior to the first day of the month.

6. Employees who terminate their employment while on layoff status are to be paid for Additional

Vacation Pay due, Holiday Time Earned, accrued unused Vacation Balance and unused accrued Sick

Leave Balance.

7. Employees eligible for vacation and subject to layoff will be paid accrued vacation and holiday

K-time when so requested.

Section B. Bumping

22

There will be no bumping of jobs of Employees with seniority at any time except in the case of a

layoff. (With the only exception noted under Article 10, Job Vacancy Notice, Section F.2).

l. To bump a job, the Employee must be able to do the work and have greater seniority than the

person whom they bump. Employees who are unable to exercise their right to bump due to an illness

or injury may exercise their bumping rights when they are certified by their physician as being able to

return to work.

2. Employees who bump a job must be able to do the job. In cases where an employee meets the

qualifications established for a job, but has not demonstrated that he can do the job, he must prove by

means of an impartial and non-discriminatory trial period that he can perform the job. The length of

the trial period will be established by the supervisor and will not be less than five (5) work days nor

more than twenty (20) work days. The trial period is not to be construed to be a training period

although the employee will be given basic orientation and instruction relative to what is expected of an

employee in the job. Employees who are not able to satisfactorily complete a trial period will be

placed on whatever jobs are vacant and available and will remain on such jobs until such time as the

bid-in job becomes available.

3. When an employee is notified that he will be affected by a layoff, he has three (3) days after

notification, exclusive of weekends and holidays, to make his decision on whom he wants to bump.

Each bumped employee has three (3) days after being notified, exclusive of weekends and holidays, of

being bumped to make their decision on whom to bump.

4. An Employee facing layoff will normally only exercise his bumping right laterally or downward.

However, when a laid-off Employee has worked in a higher graded position before and performed the

duties satisfactorily; he may bump upward into the position providing he has greater seniority than the

incumbent Employee’s. Cases of Employees wanting to bump up who have not worked in the job

before will be reviewed individually, if the employee is totally familiar with the job and has a

reasonable claim to it. Such cases will be reviewed and decided by the Director of Labor/Employee

Relations or designee.

5. Should an Employee's bump job be eliminated or should he be bumped off his bump job, he shall

be given the right to bump again. This right of retaining bumping privileges and seniority rights to

bump jobs shall continue as long as the Employee's job is eliminated. When working conditions

warrant, an Employee will return to his normal bid-in job.

6. When an Employee's bid job becomes open after he has bumped into another job, the Employee

shall return to his bid job. If an Employee is in a bump job and successfully bids on a posted job, the

new job becomes his bid-in job and he no longer has recall rights to the job from which he was

bumped.

23

7. Employees who do not exercise their right to bump will, if they have the ability to do the job, be

placed on whatever jobs are vacant and available and will remain on such jobs until such time as the

bid-in job becomes available.

8. All Employees making bumps in the proper manner will be assigned to their bump job at the

earliest practical date.

9. Employees will be permitted to bump into only one (1) position not to exceed the estimated work

schedule of their bid-in job.

Section C. Recall

l. Notification of recall from layoff for purposes of this Article shall be by Certified Mail to the

Employee's last known address as shown by ARH's records. It shall be the responsibility of the

Employee to keep ARH notified of his current address.

2. An Employee on layoff shall notify the ARH Community CEO of his intention to return to work

immediately after notification and must return to work within seven (7) calendar days after being

notified, unless other arrangements are made with the Community CEO.

3. If a bid-in job is deemed available, the senior Employee whose bid job is available shall be recalled

to it. In the event an Employee on layoff, senior to the person whose bid job is available, is qualified

to perform all tasks required of the available job, that senior Employee would be recalled to that job,

provided that Employee had indicated in a written request to be considered for that job.

4. Prior to recalling a junior Employee, displaced Employees will be afforded the opportunity to be

reassigned to any higher compensated position that becomes available for recall provided: (l) the

more senior displaced Employee meets the qualifications of the position description and can perform

all the tasks of the job in a satisfactory manner without training and (2) the displaced Employee has

provided a written request to be considered for the job.

Section D. Reduction of Hours

l. Whenever economic or other business related reasons dictate, ARH may implement a reduction of

hours, which does not constitute a layoff, and precludes affected Employees from bumping other

employees. A reduction of hours may include an individual Employee or group of Employees.

2. In the event an immediate reduction of hours is necessary, ARH will reduce the hours of the junior

Employee(s) in the classification, on the shift, within the department, provided the remaining

employees can satisfactorily and efficiently perform the remaining tasks required.

a. The senior Employee subject to reduction of hours on a given day will be permitted to

exercise his or her seniority to displace the junior Employee in the classification on that shift

in some other department. Only one bump would be involved.

24

3. In the event ARH has the opportunity to schedule a reduction of hours, ARH will reduce the hours

of the junior Employee(s) in the classification, within the department, provided the remaining

Employees can satisfactorily and efficiently perform the remaining tasks required. Rescheduling to

assure the least senior Employee in the classification experiences the reduction of hours will be

implemented as soon as it can be accomplished without incurring overtime, but no later than within

two weeks. The junior Employee on the shift subject to the reduction of hours may exercise the

option to accept the reduction of hours rather than displace a less senior Employee on another shift.

4. If the reduction of hours for an employee equals or exceeds an average of sixteen hours per week

over any consecutive two-week period of time, the Employee would qualify under the layoff

provisions and be extended the opportunity to bump each time this limit is met or exceeded.

5. If the reduction of hours for an Employee equals or exceeds an average of eight hours per week

over any consecutive four-week period of time, the Employee would qualify under the layoff

provisions and be extended the opportunity to bump each time this limit is met or exceeded.

6. If the reduction of hours for an Employee equals or exceeds an average of four hours per week over

any consecutive twelve-week period of time, Employees would qualify under the layoff provisions

and be extended the opportunity to bump each time this limit is met or exceeded.

7. In the event an Employee qualifies for the opportunity to bump due to exceeding the reduction of

hour’s criteria in Sections D.4. or D.5. or D.6., the employee may exercise the following option:

a. Bump immediately; or

b. Retain the right to bump in the future should the pattern of reduction of hours continue.

8. Full-time Employees affected by a reduction of hours will retain full-time status for the accrual of

benefits.

9. In the event an Employee is subject to a reduction of hours, the Employee may exercise the

option to be paid accrued vacation hours or earned holiday hours to compensate for an equal

number of hours reduced. Despite the use of vacation hours or earned holiday hours, the total

number of hours reduced will be counted in the reduction of hours tally, for application under

Sections D.4. or D.5. or D.6.

l0. With the exception of the provisions of Section D.9., an ARH imposed reduction of hours shall be

calculated as bid hours less hours paid.

11. In the event a reduction of hours is necessary, ARH may ask Employees to voluntarily reduce their

hours.

25

ARTICLE 15

HOURS OF WORK AND WORK WEEK


Section A. The basic work day for all Employees under this Article shall be eight (8) hours per day.

The basic work week for said Employees shall be forty (40) hours per week. The work week shall

begin with the second shift on Monday, which is sometimes referred to as the “A” shift.

Section B. Except as provided in Section G of this Article, hours worked in excess of the basic work

day (8 hours) or the basic work week (40 hours) shall be paid at the rate of time and one-half the

regular straight time rate. Over-time payments, payable under the fore-going overtime policies, shall

not be pyramided. Overtime payments for the week shall be made under whichever policy allows the

greater amount of such pay.

Section C. Hours worked on a seventh consecutive day in any scheduled work week shall be paid for

at double the regular straight time rate.

Section D. Employees shall be expected to work overtime when requested, however, ARH shall

endeavor, insofar as may be practicable, to make an equitable distribution of overtime among the

qualified Employees within a job classification. An Employee will not be disciplined for refusing to

work overtime who has good and sufficient cause for so refusing to work overtime.

Section E. The provisions of this Article are intended only to provide a basis for determining the

number of hours of work for which an Employee shall be entitled to be paid at overtime rates and shall

not be construed as a guarantee to such Employee of any specified number of hours of work either per

day or per pay period or as limiting the right of ARH to fix the number of hours of work, including

overtime, either per day or per pay period, for such Employee.

Section F. ARH will make a reasonable effort to avoid the scheduling of any Employee to work three

consecutive weekends and if this cannot be avoided, ARH will make a reasonable effort to schedule

the Employee off four (4) consecutive days.

Section G. Bargaining Unit Employees covered by this agreement may be assigned to work

flexible schedules consisting of ten (10) or twelve (12) hour shifts. Conditions for adopting

flexible scheduling are listed below:

1. Should ARH see a need and a desire to schedule bargaining unit employee(s) on a

flexible work schedule of ten (10) or twelve (12) hour shifts, such scheduling shall be by

written agreement between the employee, ARH and the Local Union President or his/her

designee(s). Employees working a flexible schedule will be eligible for overtime pay

after completing a ten (10) hour scheduled shift, twelve (12) hour scheduled shift or after

forty (40) hours have been worked during the work week. Before implementation of a

flexible schedule of ten (10) or twelve (12) hour shifts, ARH will discuss the proposed

26

schedule, with the Employees involved. Reasonable accommodations will be made to

meet individual needs of Employees assigned to work a ten (10) hour or twelve (12) hour

shift when feasible.

2. If an Employee initiates a request for a flexible working schedule the request must be in

writing to the Community CEO or his/her designee and the Local Union President for

consideration. The request for flexible scheduling will acknowledge the employee will

not be eligible for overtime pay until a ten (10) or twelve (12) hour work shift has been

worked or after forty (40) hours have been worked during the work week (Monday

through Sunday). The change to a flexible working schedule of ten (10) or twelve (12)

hour shifts will last for at least twenty eight (28) days.

3. Should ARH or the Employee seek to revoke a flexible working schedule, ARH or the

Employee will give written notice to the other parties of its desire to terminate the

flexible schedule at least twenty one (21) calendar days prior to the start of the new

schedule. Such change from the flexible work schedules will then be effective with the

next posted schedule.

4. An Employee working flexible schedules shall be considered full time for the purpose of

benefits, if that Employee works thirty-six (36) hours or more in a week.

ARTICLE 16

PYRAMIDING OF PREMIUM PAY

PROHIBITED

No Change


Overtime pay, holiday pay, any other premium pay shall not be pyramided and the Employee shall

receive only the premium pay which will entitle him to the greater amount of pay. For example, if an

Employee works on a holiday and such time worked is also in excess of forty (40) hours per work

week, the Employee shall be entitled to receive only the premium pay for working on the holiday and

not that plus the overtime pay.

ARTICLE 17

RATES OF PAY

Section A. The Union and ARH recognize that there has been established a Standard Rate of Pay for

all grades covered by this Agreement.

27

Section B. Employees hired on or after April 1, 2007, will advance to the standard rate after

completing thirty-six (36) months of active service.

Employees hired on or after April 1, 2010, will advance to the standard rate after completing five (5)

years of active service. (See Appendix A.)

Employees hired on or after April 1, 2013, will be paid according to the Wage Structure

Appendix AA.

Employees hired prior to April 1, 2007, will remain at their standard rate of pay for the

duration of this agreement. Further, employees shall be eligible for a cash bonus of $500

annually payable as follows: Eligible employees will receive a cash bonus on May 1, 2013

at $250 and on October 1, 2013 at $250. Eligible employees will receive a cash bonus on

April 1, 2014 payable at $250 and on October 1, 2014 payable at $250. Eligible employees

will receive a cash bonus on April 1, 2015 payable at $250 and on October 1, 2015 payable

at $250. The employee must be an active employee on the date of payment.

The annual bonus will be $250 for part-time employees. Eligible employees will receive a

cash bonus on May 1, 2013 at $125 and on October 1, 2013 at $125. Eligible employees will

receive a cash bonus on April 1, 2014 payable at $125 and on October 1, 2014 payable at

$125. Eligible employees will receive a cash bonus on April 1, 2015 payable at $125 and on

October 1, 2015 payable at $125. The employee must be an active employee on the date of

payment.

Employees hired on or after April 1, 2010, upon completing 5 years of continuous service and

earning the standard rate shall be eligible for a cash bonus of $250 payable on October 1,

2015. The employee must be an active employee on the date of payment.

Section C. New Employees will be hired at the Start Rate in effect for that particular

classification. Where licensure, registration or certification is required by ARH, ARH will hire at

10% below the Start Rate and will move the Employee to the Start Rate upon proof of licensure,

registration, or certification.

If, from time-to-time, ARH is unable to recruit employees at the start rate, employees may be

hired at a rate between start and standard for the classification. Other employees in that

classification and community will be moved to the same rate of pay.

Section D. Employees who move by bidding or bumping will move from start-to-start, step-to-

step or standard-to-standard rates of pay.

Section E. Red Circled Employees

28

Employees whose rates of pay are currently red circled or will be red circled as a result of the new

wage structure will maintain their red circled rate in cents per hour with relation to the new wage

structure until such time as they successfully bid into another classification.

Section F. Call-In Pay

ARH shall guarantee any Employee who is called back to work after that Employee has already left

for the day or is on a day off, a minimum of four (4) hours work and/or pay at the rate for the time on

the call-back.

Section G. Stand-by Pay

ARH's regular policy on Stand-by shall apply to the Employee's covered by this bargaining agreement.

Employees who are required by ARH to be on "Stand-By" will be compensated at the rate of $4.00 for

each eight (8) hour Evening "B" shift and $4.00 for each eight (8) hour Night "C" shift. In the event

the Employee is required to be on Stand-By on a Saturday, Sunday or a Holiday, the Employee will be

compensated at the rate of $6.00 for each eight (8) hour shift they are on "Stand-by."

Section H. Shift Differential

A uniform starting time for the "A" (day) shift shall be established in each facility for the purpose of

payment of shift differential.

The Employees required to perform work on the "B" or "C" shifts shall receive the applicable shift

differential for all hours worked on such shifts, as follows:

l. The Employee shall receive an additional twenty-five (25) cents per hour for all hours

worked on the "B" or second shift.

2. The Employee shall receive an additional thirty (30) cents per hour for all hours worked on

the "C" or third shift.

Section I. Report in Pay

When an employee reports to work as directed, such employee shall be guaranteed two (2) hours work

or two (2) hours pay at the appropriate rate.

Section J. Rate Retention

In the event an Employee is placed in a lower rated job as a result of a bump, the Employee shall

retain his current rate of pay for a period not to exceed sixty (60) calendar days from the date of being

placed in the bump job. In the event an Employee in a bump job is bumped prior to the expiration of

60 days, the number of days remaining in rate retention for the previous bump will remain in effect

and shall be counted against the sixty (60) day protection afforded the next bump.

29

A bumped Employee who bids on a job shall not be subject to this section.

Section K. Any LPN or Respiratory Therapy Technician assigned to accompany a medical

transport (ground or air ambulance) will receive a rate of pay twenty five percent (25%) above

their regular rate of pay for the period of the assignment.

Section L. Manner of Pay (Direct Deposit)

The Employee shall be paid on a bi-weekly basis by direct deposit from ARH to a

designated bank account of the Employee. The Employee shall have up to July 1, 2013 to

make all necessary arrangements to facilitate direct deposit.

ARTICLE 18

MEDICAL BENEFITS

1. ARH will make available to all eligible Employees, the ARH Revised Health Care Plan. Such

coverage and benefits shall be subject to a Coordination of Benefits rider as in effect.

2. For the purpose of this Article, any Employee whether full time or part time who is not

regularly scheduled and who does not have more than three (3) months of employment, is not

eligible for the aforesaid benefits.

3. When an Employee is on Leave Without Pay-No Pay status due to an illness or injury, ARH

will continue to provide at its own cost and expense health insurance coverage of the Employee

for the remainder of the month in which the Employee reaches “No Pay” status.

4. Covered medical services provided by an ARH – approved provider (Tier 1) when available at

an ARH community will include the following:

Deductibles and co-insurance apply to these tests/procedures.

Urine or Serum Pregnancy test screen

Rapid Waived Strep Screen

Rapid Waived Flu A and/or B screen

Urine Dipstick only (Microscopic is not included)

Fingerstick blood glucose

EKG

Basic Chest X-Ray

Basic X-Ray for possible fracture only

6. Services provided by other than an ARH facility or other than an ARH Approved provider

will be subject to the Humana/Choice Care Network and Mountain State Highmark deductible,

coinsurance and out-of-pocket maximum.

30

7. Tier 2 services must be administered at ARH Preferred Network facilities, by an ARH

Preferred Network provider. Refer to Benefit Guide Book for ARH Preferred Network listings

in Kentucky and West Virginia.

Section 1. Monthly Premiums

In the event an employee is eligible and elects the ARH health plan as may be in effect, the

employee’s monthly health insurance premium contributions will be deducted on the first and

second pay periods of each month as follows:

Full-time

Reinsurance Fee Exemption:

In the event the USW is successful in achieving an exemption from Health and Human Services

(HHS) specific to the ACA Reinsurance Fee, a corresponding reduction in the monthly premium

percentage (.25%, 1/1/2014; 4/1/2014; 4/1/2015) will be implemented.

Section 2 – Part-time and Spouses

Part-time

a. Only part-time employees working in excess of 20 hours per week are eligible for

enrollment in the ARH Health Plan.

b. Premiums for part-time eligible employees will share in the cost of medical benefit

insurance premiums. The proportionate amount paid by ARH will be based upon the actual

number of straight time hours worked adjusted on a quarterly basis.

Spouses

31

a. Spouses with other employer provided insurance may be eligible for coverage in the ARH

health plan at an additional premium contribution of 2% in 2013, 3.5% in 2014 and 5.0%

in 2015 of the CBA.

b. Spouses working for ARH – If an employee (plan holder) and his/her spouse are both

employed by ARH, only one employee (plan holder) may choose the “Employee +1” or

“Family” plans. The highest paid employee must carry insurance coverage for

dependents.

Section 3 – Deductibles

Tier 1 and 2

Medical coverage at an ARH-approved provider and/or ARH Preferred Network Provider where

services are not provided by ARH is subject to annual deductibles as set forth in the following

schedule:

April 1, 2013 April 1, 2014 April 1, 2015

Single $400 $400 $400

Family $800 $800 $800

Tier 3

Medical coverage at a Humana/Choice Care or Mountain State Highmark provider and/or

facility where services are provided by ARH is subject to annual deductibles as set forth in the

following schedule:


Single $2,500 $2,500 $2,500

Family $5,000 $5,000 $5,000

Section 4 – Co-pays (Do not count toward out-of-pocket maximum)

Tier 1 and 2


Emergency Room $50 $50 $50

Advanced Imaging $50 $50 $50

Outpatient Surgery $50 $50 $50

Inpatient Surgery $100 $100 $100

Section 5 - Co-insurance

Tier 2

32

In addition to the Tier 2 deductibles and co-pays, medical coverage at an ARH-approved provider

and/or ARH Preferred Network Provider where services are not provided by ARH is payable at

80% with 20% co-insurance to be paid by the employee subject to the maximum out of pocket

amounts set forth below.

Tier 3

In addition to the Tier 3 deductible, medical coverage at a Humana/Choice Care or Mountain

State Highmark provider where services are provided by ARH is payable at 50% with 50% co-

insurance to be paid by the employee until the Tier 3 deductible set forth has been met. Once the

Tier 3 deductible has been met, benefits are payable at 80% with 20% co-insurance to be paid by

the employee. Note: There is no out of pocket maximum for Tier 3.


Single $25,000 $25,000 $25,000

Family $50,000 $50,000 $50,000

Section 6 – Out of pocket maximum

Tier 1 & Tier 2

Once the out-of-pocket maximum set forth below has been met for the year, medical benefits will

be paid per the schedule of benefits. The deductible and co-insurance amounts shall count toward

satisfaction of the Plan out-of-pocket maximums. Once the annual maximum limit is reached,

qualifying services are reimbursed at 100% basis, with no co-payment, when such services are

not available at Tier 1.


Single $2,100 $2,100 $2,100

Family $4,200 $4,200 $4,200

Tier 3 – There is no out-of –pocket maximum for Tier 3.

Section 7 – Pharmacy Benefits: Coverage will be consistent with the then current and effective

ARH Health Plan, however, the pharmacy co-pays may not increase above those set forth in

Appendix I.

ARH Network Designated Alternate

Network

Humana Network

0-30 Day

Supply

Retail Rx4 Retail Rx4 Retail Rx4

Level 1: 12% with $4

minimum

15% with $6 minimum 50% with $25

minimum

33


minimum


minimum


minimum


minimum


maximum

30% with $350

maximum

50% with $500

maximum

31-60 Day

Supply

(mandatory

ARH mail

order after 1st

fill)

With mandatory ARH

program for

maintenance, day supply

greater than 30 will no

longer be available in

other networks.

With mandatory ARH

program for

maintenance, day

supply greater than 30

will no longer be

available in other

networks.


minimum


minimum


minimum

Level 4: Not available

61-90 Day

Supply

(mandatory

ARH mail

order after 1st

fill)

With mandatory ARH

program for

maintenance, day


will no longer be

available in other

networks.

With mandatory ARH

program for

maintenance, day


will no longer be

available in other

networks.

Level 1: 5% with

$10minimum

Level 2: 10% with

$25minimum

Level 3: 20% with

$50minimum


a. Retired Hospital Employees shall be charged the Average Wholesale Price – 15% + $5

for brand name pharmaceuticals and Average Wholesale Price – 20% + $5 for generic

pharmaceuticals purchased at ARH.

b. Plan members shall pay Average Wholesale Price plus a $5 dispensing fee for Compound

Drugs, Omeprazole, Lyrica, Clarinex, Nexium and Prilosec.

34

Section 8

The parties acknowledge the obligations of ARH and the health care plans and programs it sponsors to

comply with the Patient Protection and Affordable Care Act, legislation, executive order(s), or

regulation(s). In the event ARH may have cause or reason to amend its health care plan, the parties

agree to reopen this agreement for good faith negotiations with respect to such matters.

Miscellaneous

1) Non-emergency services outside of the service area

Employees must call the Humana Nurse Advice Line: 1-800-622-9529 for approval of services

when traveling outside of the service area. The services are subject to the Plan deductible and

will be paid per the Schedule of Benefits as ARH services are not available.

2) Students

Students residing or attending school outside of the ARH service areas will be subject to the

individual/family deductible and services will be paid at 80% after deductibles are met and will

be subject to the annual out-of-pocket maximum.

3) Plan Modifications or Amendment

The ARH Revised Health Care Plan, per the 2013 agreement shall remain in effect during the

term of this agreement, unless modified or amended as follows: The Plan Administrator may

modify or amend this Plan from time to time, as it applies to bargaining unit employees with the

express written agreement of the USW and such agreement shall not be unreasonably withheld.

4) Benefits Committee

ARH and the USW will establish a joint Benefits Committee to address issues with the ARH

benefit plans such as the ARH Revised Health Care Plan. This labor/management committee

shall have three members selected by the USW and three members selected by ARH. A USW

International Benefit Technician or Field Representative may serve as one of the three USW

members. The Committee will identify and recommend best practices including proposed

solutions to address benefit issues. The committee will meet in August of each year to discuss

open enrollment and any changes to third party administrators.

5) Use of Private Room

ARH will admit or transfer an employee or the employee’s immediate family, as defined by the

ARH Revised Health Care Plan, to a private room (excluding VIP rooms), as available.

6) Preauthorization

Pre-authorization is required for some services. Refer to the Summary Plan Description for

additional information.

35

ARTICLE 19

SICK LEAVE


Section A.

1. Employees hired prior to April 1, 2013 will accrue sick leave at the rate of 2.462 hours

per pay period.

2. For employees hired on or after April 1, 2013 sick leave will be covered under the PTO

program.

Section B.

1. For employees hired prior to April 1, 2013, unused accrued sick leave earned in one (l)

year will be carried over to a subsequent year. However in no event will employees accrue sick

leave in excess of one hundred sixty hours (160).

2. All sick time (Z-time) accrued as of March 31, 2013, will be transferred to a banked

“accrual account”. Employees will then accrue sick leave as provided in Section A. Employees

will be required to use sick leave from the accrued balances prior to accessing the allotment

account referenced in Section I. Sick days used from the accrual account will be subject to the

same procedures in this article to include applicability to the Absenteeism Program.

Section C. For employees hired prior to April 1, 2013, sick leave accrual for part-time employees

will be prorated.

Section D. All payments will be made at the Employee's regular straight time rate.

Section E. Any Employee who takes sick leave when he/she is not prevented by his/her own illness

from performing his work assignment is subject to discharge by ARH, with the exception employees

may use accrued sick leave for the illness of a dependent, spouse or child.

Section F. For purposes of this Article, an Employee becomes eligible to use accrued sick leave after

the completion of six (6) months of continuous service.

Section G. "Active and Continuous Service" as used in the Article shall be interpreted and is defined

in Article 12 Definition of Active and Continuous Service.

Section H. At the conclusion of an Employee’s career with ARH, unused accrued sick leave will be

paid as a lump sum payment (less applicable deductions) and applied to credited years of service to

enhance the retirement benefit. In the event of the death of the Employee, any unused accrued sick

leave would be distributed with the final earnings, in accordance with applicable State and Federal

laws.

36

Section I. Catastrophic protection for current Employees will be provided by creating a reserve sick

leave bank, “allotment account” equivalent to the current Employees’ sick leave allotment for calendar

year 2001. Employees would be required to use sick leave from the accrued balance, prior to

accessing the allotment account. The allotment account would be accessed only after the accrual

account has been depleted. Sick days used from the allotment account will be subject to the same

procedures in place prior to March 12, 2001, to include applicability to the Absenteeism Control

Program.

Section J. The first two (2) days of accrued sick leave used in a payroll year will not be applicable to

the Absenteeism Control Program. Any additional absences will be applicable to the Absenteeism

Control Program, except as provided by FMLA and in the “additional provisions” in Appendix N.

ARH proposes to eliminate any past practice that the Union may claim to exist with respect to

permitting employees to utilize accrued sick leave for anything other than the Employee’s own illness

or the illness of a dependent, spouse or child.

Section K. Forms for the timely solicitation of accrued sick leave donations will be made available.

Donated accrued sick leave hours will not be counted as an absence for the donor.

ARTICLE 20

TEMPORARY DISABILITY

Section A. Each Employee covered by this Agreement who is prevented by his own bona fide illness

or injury from performing his work assignment shall receive the following Temporary Disability

Benefits:

l. Temporary Disability Benefits will commence following a period of time, which is the greater of:

a. thirty-one (3l) continuous days of absence because of the Employee's own bona fide illness or

injury, or,

b. the expiration of the Employee's accumulated sick leave days.

2. Temporary Disability benefits will be provided for each separate period of disability in accordance

with the following schedule:

Amount of Earnings Payable

and Duration of Benefits

Length of

Employment

55% of

Earnings

35% of

Earnings

1 year but less 1 Work 1 Work

37

than 3 years Weeks Weeks

3 years but less

than 5 years

4 Work

Weeks

2 Work

Weeks

5 years but less

than 10 years

5 Work

Weeks

3 Work

Weeks

Greater than

10 years

6 Work

Weeks

4 Work

Weeks

3. "Length of Employment" for purposes of determining the Employee's Temporary Disability

Benefits is defined as the period of his active and continuous service with ARH on the date he is first

entitled to receive Temporary Disability Benefits for the illness or injury which prevents him from

performing his work assignment.

4. For the purpose of determining the amount of the Employee's Temporary Disability Benefits,

"earnings" are defined as the Employee's straight time rate of pay in effect at the commencement of

the period of temporary disability.

5. For the purposes of determining the length of payment of Temporary Disability Benefits, a "Work

Week" is defined as the regularly scheduled number of days and hours per day of the Employee's last

completed week of continuous employment prior to the commencement of the period of temporary

disability.

6 All Temporary Disability absences of an Employee shall be considered as occurring during a single

period of disability unless:

a. The successive absences are separated by at least two (2) consecutive weeks of active work on a

full-time basis.

b. The successive absences are due to entirely unrelated causes and separated by at least one (1) day

of work on an active basis.

7. The Employee must be under the care of a physician who determines the Employee is unable to

perform the material and substantial duties of her/his regular job, in order for the Employee to receive

benefits from the Temporary Disability Plan. Employees must furnish a physician's statement

indicating the nature of the disability, the date on which it commenced, and the anticipated date of

recovery and thereafter provide a physician’s statement a minimum of every two (2) weeks to

continue to receive said benefits.

If the employee is determined able to resume limited work activities, the Employee must return to

work in accordance with the ARH Modified Duty Policy.

38

8. ARH maintains the right to require an Employee receiving temporary disability benefits to

undergo an evaluation by an ARH designated physician. If such ARH physician disagrees with the

opinion of the Employee’s attending physician, these two physicians may select a third physician from

outside the area who specializes in the appropriate medical discipline to review the Employee’s case.

The decision made by the selected third physician will be final and binding.

Section B. All payments will be made at the Employee's regular straight time rate.

Section C. Any Employee who takes sick leave and/or temporary disability when he is not prevented

by his own illness from performing his work assignment is subject to discharge by ARH.

Section D. "Active and Continuous Service" as used in this Article shall be interpreted and is defined

in Article 12, Definition of Active and Continuous Service.

Section E. Employee may not supplement the earnings paid under Article 20 with other paid leave.

Section F. Long-Term Disability: All employees will be eligible to purchase voluntary Long-

Term Disability coverage at the then current premium rates.

ARTICLE 21

WORKERS COMPENSATION

ARH will comply with State workers compensation provisions.

1. Any past practice related to a separate worker’s compensation leave whereby employees

continue on a benefit status greater than afforded by FMLA is hereby repudiated.

2. Employees injured while working will remain ineligible for vacation/PTO, sick leave or

short-term disability while on leave as a result of a work related injury.

ARTICLE 22

PENSION


Employees hired prior to April 1, 2013 will participate in the following plan:

The current Appalachian Regional Healthcare Inc. Restated Non-Contributory Pension Plan will

continue to remain in effect.

1. April l, 1998, the benefit calculation formula set out in Section 4.03 (d) shall read as follows:

39

Section 4.03 (d) Twenty-five Dollars ($25.00) multiplied by years of credited service.

2. The 30-year cap was removed in 1989.

3. ARH retains the right to require an Employee applying for disability pension benefits to undergo an

evaluation by an ARH-designated physician. If such ARH physician disagrees with the opinion of

the Employee’s attending physician, these two physicians may select a third physician from outside

the area who specializes in the appropriate medical discipline to review the Employee’s case. The

decision made by the selected third physician will be final and binding.

4. Employees hired on or after April 1, 2013 will be eligible to participate in a voluntary 403(b)

Thrift Savings Plan under the following contribution schedule:

Years of Eligible

Service

ARH Contribution ARH Matching Contribution

After 1 year 1% of eligible compensation 100% match up to 0.5% of eligible

compensation

After Year 2 1.5% of eligible

compensation

100% match up to 0.5% of eligible

compensation

After Year 3 2% of eligible compensation 100% match up to 1.0% of eligible

compensation

After Year 4 2.5% of eligible

compensation

100% match up to 1.5% of eligible

compensation

After Year 5 3% of eligible compensation 100% match up to 1.5% of

eligible compensation

After Year 10 3% of eligible compensation 100% match up to 1.75% of

eligible compensation

After Year 20 3% of eligible compensation 100% match up to 2% of eligible

compensation

5. The Union and ARH understand that any changes to the 403(b) plan shall require

negotiations.

ARTICLE 23

VACATIONS/PTO


40

Employees hired prior to April 1, 2013, will continue to accrue their earned vacation as outlined

below:

Section A. All regular Employees who have not completed thirteen (13) continuous pay periods

(approximately six (6) months) of active and continuous service are not eligible to use any vacation

time. All regular Employees covered by this Agreement who have completed thirteen (13) continuous

pay periods (approximately six (6) months) of active and continuous service with ARH, shall be

granted one week's vacation (forty (40) work hours) with pay at the Employee's regular straight time

rate. For each additional pay period thereafter, 3.077 hours of vacation time shall be added for each

completed additional pay period of service until twenty-six (26) continuous pay periods of service

have been completed.

Section B. All regular Employees covered by this Agreement who have completed twenty-six (26)

continuous pay periods (one (l) year) of active and continuous service with ARH, but less than one

hundred eighty-two (182) continuous pay periods (seven (7) years) of active and continuous service

with ARH, shall be granted a vacation of two (2) weeks (eighty (80) work hours) with pay at the

Employee's regular straight time rate. In each twenty-six (26) pay period year, such vacation will be

earned at the rate of 3.077 hours for each completed pay period of service.

Section C.

l. All regular Employees covered by this Agreement having one-hundred eighty-two (182)

continuous pay periods (seven (7) years) of active and continuous service with ARH shall be

granted a vacation of three (3) weeks (one hundred twenty (120) work hours) at the Employee's

regular straight time rate. In each twenty-six (26) pay period year, such vacation will be earned at

the rate of 4.6154 hours for each complete pay period of service.

2. Employees who have completed eleven (11) years of active and continuous service, but less

than twelve (12) years of active and continuous service, shall be granted three (3) weeks vacation

with pay. In addition to his regular vacation pay he shall receive an additional amount equal to

eight (8) hours pay at his established rate of pay.

3. Employees who have completed twelve (12) years of active and continuous service but less than

thirteen (13) years of active and continuous service, shall be granted three weeks vacation with pay.

In addition to his regular vacation pay he shall receive an additional amount equal to sixteen (16)

hours pay at his established rate of pay.

4. Employees who have completed thirteen (13) years of active and continuous service, but less

than fourteen (14) years of active and continuous service, shall be granted three (3) weeks vacation

with pay. In addition to his regular vacation pay he shall receive an additional amount equal to

twenty-four (24) hours pay at his established rate of pay.

5. Employees who have completed fourteen (14) years of active and continuous service, but less

than fifteen (15) years of active and continuous service, shall be granted three (3) weeks vacation

41

with pay. In addition to his regular vacation pay, he shall receive an additional amount equal to

thirty-two (32) hour’s pay at his established rate of pay.

6. Employees who have completed fifteen (15) years or more of active and continuous service

shall be granted three (3) weeks vacation with pay. In addition to his regular vacation pay he shall

receive an additional amount equal to forty (40) hours pay at his established rate of pay.

7. Employees who are entitled to additional vacation pay as outlined above, will have the option of

receiving the pay as additional vacation pay or actually taking the time off as a paid vacation day,

provided ARH does not have to incur overtime to do so. Additional vacation not taken as pay or

time-off will be carried forward.

PTO

Employees hired on or after April 1, 2013 will accrue at the rate of 4.0 hours of PTO for each

completed pay period; this will equal one hundred and four (104) hours or thirteen (13) days

of PTO annually. Employees may request PTO after completing thirteen continuous pay

periods (approximately six (6) months of active and continuous service). PTO accrual

balances will be capped at one hundred and sixty hours (160).

Section D. Vacations/PTO shall be taken at the convenience of the Employee with prior approval

from the supervisor. Vacation earned in one calendar year must be used prior to the end of the next

calendar year or be forfeited.

Section E. Each Employee may request his vacation/PTO time off by giving sixty (60) days written

notice to his supervisor, and such request shall be granted on a seniority basis subject to Section D of

this Article. The supervisor will respond to such request thirty (30) days in advance. Failure to

respond will be interpreted to mean approval of the vacation request. Any Employee who does not

give sixty (60) days written notice shall not be granted his vacation on a seniority basis. However, the

supervisor will use his best efforts to respond to the request in a reasonable period of time. The

supervisor will give a written response to the request thirty (30) days in advance.

Section F. "Active and Continuous Service" as used in this Article shall be interpreted and is defined

in Article 12, Definition of Active and Continuous Service.

Section G. All payments will be made at the Employee’s regular straight time rate and for their

regularly scheduled hours.

Section H: Vacation/PTO accrual for all part-time employees will be prorated.

Section I: Employees hired on or after April 1, 2013, who have completed eleven (11) years of

active and continuous service shall be granted an additional twenty (20) hours of PTO.

42

Employees hired on or after April 1, 2013, who have completed fifteen (15) years of active and

continuous service shall be granted an additional twenty (20) hours of PTO.

ARTICLE 24

HOLIDAYS


Section A. Each Employee shall be entitled to nine (9) paid Holidays each year as follows:

l. New Year's Day

2. Floating Holidays (2)

3. Easter Sunday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Thanksgiving Day

8. Christmas Day

Section B. To be paid for a holiday, the Employee must have worked his/her entire last

scheduled shift prior to and the entire next scheduled shift after such Holiday; and, work the

holiday if scheduled to work unless the Employee is released from the shift.

Section C. An Employee who is scheduled to work on any Holiday and who does not work on such

Holiday, without good and sufficient reason, shall receive no pay for such Holiday.

Section D. It being recognized that a health care provider, due to the nature of its activities, works

everyday of the year and consequently, it is not possible for all Employees to be off duty on the same

day, ARH shall have the right on reasonable notice given and at its sole discretion to require any

Employee to work on any of the Holidays.

Section E. For the purpose of computation of pay for the Holidays enumerated in Section A, an

Employee shall be paid in the following manner:

l. Where the Employee is not scheduled to work and where the holiday is not worked, at the

Employee's regular straight time rate;

2. Where the holiday is worked, at double the Employee’s regular straight time rate.

In addition, an Employee who worked on the Holiday shall be given a replacement day off in the

following manner:

43

Within thirty (30) calendar days following the Holiday worked, the employee will identify three

(3) possible days in the next two monthly schedules, for scheduling of the holiday replacement

day. The supervisor will select one of those days as a replacement day and notify the Employee

which day has been assigned.

If the Employee is not assigned a replacement day off as described above, then the Employee

shall receive an additional twelve (12) hours pay at the regular straight time rate.

Pay for Holidays not worked and pay in lieu of a day off as described in “C” above, shall not be

used to determine overtime pay.

Section F. For purposes of computing holiday pay, the Holiday shall begin at the shift changing time

nearest 12:01 a.m. on the calendar date of the Holiday.

Effective April 1, 2013, an employee who works only on Easter, Independence Day,

Thanksgiving and Christmas shall be given a day off within thirty (30) calendar days following

the Holiday worked. Within thirty (30) calendar days following the Holiday worked, the

employee will identify three (3) possible days in the next two monthly schedules, for

scheduling of the holiday replacement day. The supervisor will select one of those days as a

replacement day and notify the Employee which day has been assigned.

Section G. To qualify for one Floating Holiday, the Employee must be an Employee on or before

April 1. To qualify for the second Floating Holiday, the Employee must be an Employee before July.

ARTICLE 25

BEREAVEMENT LEAVE

No Change


In the event of a death in the immediate family of an Employee, a reasonable leave of absence, with

pay, shall be granted to such Employee on the following terms and conditions:

l. Full-time Employees shall be paid eight (8) hours pay at the Employee's regular straight time rate

for each scheduled day of work missed while on bereavement leave, provided, however, that in no

event shall such days exceed three (3) and no bereavement leave pay shall be granted for days

actually worked or for days that the Employee was not scheduled to work.

2. An Employee who has a death in the immediate family shall inform his supervisor, or other

designated representative of ARH, of the death prior to commencing the leave of absence.

3. As used herein, the term "immediate family" means persons regularly residing in the Employee's

household; or spouse, son, daughter, stepson, stepdaughter, mother, father, stepparents, sister or

44

brother, father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law,

grandparent, or grandchild of either the Employee or such Employee's spouse.

4. As used herein, the term "reasonable leave of absence" means a leave of absence of three (3) work

days if the decedent resides in the community surrounding the hospital provided, however, that no

leave will be granted if an Employee is on leave of absence without pay or layoff. In the event an

employee needs additional time after the death ARH will cooperate to assist the employee to

utilize other accrued leave, including vacation, accrued holiday (K-time) and floating holidays.

5. ARH shall give the Local Union President, or designee, reasonable time to attend the local funeral

of a local union member or their immediate family member. The Local Union President shall

also be given time off to attend the funeral due to the death of any ARH Local Union

President or Vice President.

6. ARH shall give the Local Union President, or designee, reasonable time off to attend the

funeral due to the death of USW International Officers.

ARTICLE 26

JURY DUTY

No Change


Section A. ARH will grant a Leave of Absence - Jury Duty with pay to Employees who are

summoned to serve on Jury Duty.

Section B. All ARH Employees who are summoned to serve on Jury Duty are eligible for Leave of

Absence - Jury Duty compensation in accordance with the following stipulations:

1. The Employee requests such leave as far in advance as possible, and presents the supervisor with a

copy of the summons before the leave of absence begins.

2. The Jury Duty falls on a regularly scheduled work-day.

3. If an Employee serves more than four hours on Jury Duty he will not be required to work that day.

Section C. All ARH employees who are summoned as witnesses in work related cases are eligible for

Leave of Absence - Jury Duty compensation in accordance with the following stipulations:

l. The Employee requests such leave as far in advance as possible, and presents the supervisor with a

copy of the summons before the leave of absence begins.

45

2. The Employee is not to serve as a witness against ARH.

3. The Employee reports to work that day when excused from the Court unless the Employee serves

more than four hours.

If any Employee is scheduled to be a witness on a regularly scheduled day off, ARH will endeavor to

schedule another day off or pay the Employee at his regular straight time hourly rate for that day.

Section D. Payments will be made at the Employee's straight time hourly rate, exclusive of shift

differential, for hours spent on Jury Duty, which fall on his regularly scheduled work day. Part-time

Employees will be paid in proportion to their estimated work schedule as reflected on ARH payroll

forms. All payments made to Employees by the Court or third parties in relation to this Article will be

in addition to payments made by ARH to the Employee.

Hours paid for Leave of Absence - Jury Duty will not be counted as hours worked for overtime

purposes or double time for the seventh (7th) consecutive day.

Section E. If a Holiday falls on a day, which an Employee must serve on Jury Duty, he may take

another day off for the Holiday.

An Employee who is on vacation and summoned to serve on Jury Duty will be paid Jury Duty pay and

not be required to use his vacation.

An Employee who becomes ill while serving on Jury Duty will use his sick leave in accordance with

the Sick Leave Policy.

ARTICLE 27

MILITARY SERVICE

No Change


Section A. ARH shall accord to each Employee who applies for reemployment after conclusion of his

military service with the United States such reemployment right, as he shall be entitled to under

existing statutes as follows:

l. Employees who either voluntarily for a period not to exceed four (4) years or mandatorily enter the

active military service shall be eligible for reinstatement upon completion of said service provided

that:

a. they apply for reinstatement with ARH within ninety (90) days after being relieved from

military service.

46

b. they satisfactorily complete the period of active duty and receive a certificate to that effect.

c. the official discharge paper is the only document to be used to establish the date of discharge.

2. If still qualified to perform the duties of such position, the Employee shall be restored to the

position he held at the time of leaving for active military service, or to a position of like seniority

status and pay.

3. If not qualified to perform the duties of such position by reason of disability sustained during such

service, but qualified to perform the duties of any other position in ARH that will provide him like

seniority status and pay, or the nearest approximation thereof consistent with the circumstances in his

case, he shall be offered this latter position.

4. Training or experience received while in military service should be considered by ARH when

reinstating the Employee.

5. Any Employee restored to a position as provided herein shall be considered as having been on

furlough or leave of absence during his period of service in the Armed Forces. Seniority and salary

increments accruing and alterations in salary schedule affected during his absence shall be applicable

as if he had remained on the job.

Section B. Special Vacation Provisions: An Employee who at the time of leaving active employment

to enter military service of the United States has qualified for a vacation in the year of such entrance

and who has not received a vacation or vacation allowance shall then be granted such allowance,

provided, however, that a volunteer shall have given fourteen (14) days' notice of intention to enlist.

Section C. Military Encampment Allowance: An Employee with one or more years of continuous

service who is required to attend an encampment of the Reserve of the Armed Forces or the National

Guard shall be paid, for a period not to exceed two (2) weeks in any calendar year, the difference

between the amount paid by the Government (not including travel, subsistence and quarters

allowance) and the straight time rate the Employee would have earned if the Employee had worked.

ARTICLE 28

LEAVE OF ABSENCE

No Change

Section A. An Employee desiring a leave of absence without pay shall present his request in writing

to his supervisor for approval by the hospital Community CEO. The requested leave of absence may

or may not be granted by ARH in its discretion, however, ARH shall not unreasonably refuse a

request.

47

Section B. An Employee granted leave of absence shall not engage in any other gainful employment

during the period of such leave, except as a staff member of the International Union, unless he is

permitted to do so by mutual agreement of ARH and the Employee. Any violation of this condition

shall be grounds for discharge of the Employee.

Section C. If an Employee exceeds an official leave of absence, the Employee shall be considered as

having voluntarily quit, unless the Employee exceeds the leave of absence because of the occurrence

of a casualty or the occurrence of an act or event over which the Employee can exercise no reasonable

control. If such Employee is subsequently re-employed, he shall be regarded as a new Employee.

Section D. If an Employee is found to have misrepresented the reason for a requested leave and the

leave has been granted, ARH shall have the right to discharge the Employee.

Section E. Leave of absence for the purpose of accepting positions with the International or Local

Union shall be available to a reasonable number of Employees. Leave of absence shall be for a period

not to exceed one (l) continuous year.

Section F. Leave of absence for the purpose of accepting an elected public office will not exceed one

(1) term of office and will be available to a reasonable number of employees.

Section G. Any Employee granted a leave of absence to perform work for the International

Union shall have their health insurance continued for a period of time of up to one (1) year at no

cost to the Employee.

ARTICLE 29

UNIFORMS

No Change


Section A. ARH shall provide a total of five (5) uniforms as needed to an Employee required by

ARH to wear a uniform. The uniforms shall be of a quality equivalent to the current RN uniform.

Section B. Female employees may have their choice of pantsuits, dresses or a combination thereof.

Section C. The laundering of wash and wear type uniforms will be the responsibility of the

Employee.

Section D. Any Employee who leaves the employ of ARH for any reason shall return to the

supervisor all uniforms issued by ARH or pay for same unless otherwise accounted for.

48

ARTICLE 30

CONTINUING EDUCATION

No Change


Section A. ARH recognizes the need for Employees required to obtain Continuing Education Units

to participate in continuing education programs pertinent to their area of practice to keep abreast of

changing trends.

l. Information relative to education and training programs shall be posted on the bulletin board.

2. ARH agrees to grant to each Employee who is required to have CEU's and who has completed

his probationary period, leave with pay to attend lectures, seminars, and courses of instruction

pertinent to their assignment. Such leave shall be: three (3) days during each contract year. ARH

will provide three (3) additional CEU days per additional registry. Such leave must be mutually

beneficial to ARH, will not interfere with staffing, and permission for such leave will not be

unreasonably denied.

Section B. The Employee shall make written advance application to his supervisor or department

head specifying the course, institute or workshop the employee wishes to attend and receive the

department head's written approval to attend.

Section C. ARH agrees to grant to each Employee who is not required to have CEU's and who has

completed his probationary period, leave with pay to attend lectures, seminars, and courses of

instruction pertinent to their assignment. Such leave shall be: one (1) day during each contract year.

Such leave must be mutually beneficial to ARH, will not interfere with staffing, and permission for

such leave will not be unreasonably denied.

Section D. ARH will endeavor to assist present Employees in certification, registry, and licensure,

before new hires, provided ARH has the time and resources to do so.

ARTICLE 31

NOTICE OF ABSENCE - ABSENCE

WITHOUT REASON

No Change

49


l. An Employee absent from work shall give advance notice of his intended absence and his reason

therefore to his supervisor, or designee in the facility, as much in advance as possible prior to the start

of the work shift but not less than two (2) hours before the start of the shift. If two (2) or more hours

advance notice is given, management will follow its customary seniority practices for covering the

vacancy.

If the Employee provides less than two (2) hours advance notice of absence, ARH may offer the shift

to senior bargaining unit Employees currently on duty or make other arrangements for coverage

necessary to fill the vacancy. If no senior Employee currently on duty takes the assignment, ARH may

mandate the least senior person currently on duty or otherwise secure coverage for the vacancy.

2. An Employee absent from work for a period of time in excess of two (2) consecutive working days

beginning with the start of his regular work shift without notice having been given to his supervisor as

aforesaid may, in the discretion of ARH, be terminated, unless good, sufficient and legitimate reason

exists for such failure to give notice as aforesaid.

3. An Employee who excessively absents himself from work on the day he is scheduled to work is

subject to disciplinary action per the absentee control program.

ARTICLE 32

SUSPENSION AND DISCHARGE

CASES

No Change


Section A. In the exercise of its rights and duties under this Agreement, ARH agrees that an

Employee shall not, from and after the date hereof, be preemptorily discharged, but that in all

instances in which ARH may conclude that an Employee's conduct may justify suspension or

discharge, the Employee shall first be suspended. Such initial suspension shall be for not more than

five (5) working days. During this period of initial suspension, the Employee may, if he believes he

has been unjustly dealt with, request a hearing and a statement of offense before ARH Community

CEO. At such hearing, the facts concerning the case shall be made available to both parties. After

such hearing, ARH shall determine whether to convert the suspension into discharge, or extend,

sustain, or revoke the suspension. If the suspension is revoked, the Employee shall be returned to

employment and receive full compensation at his regular rate of pay for the time lost.

Section B. If the suspension is sustained, extended or converted into discharge, the Employee may, at

any time within ten (l0) working days after the initial suspension, allege and present a grievance to be

50

handled in accordance with the procedure of Article 33 and which shall be introduced at third (3rd)

step of the grievance procedure.

Section C. In the event a grievance concerning suspension or discharge goes to arbitration, the

arbitrator shall have the authority to modify the penalty, and ARH and the Union agree to in all

respects comply with the award of the Arbitrator.

ARTICLE 33

GRIEVANCE AND ARBITRATION

PROCEDURE

Section A. A grievance is defined as a dispute or complaint concerning the interpretation, application

or compliance with, any provision of this Agreement, arising out of this Agreement between ARH and

the Union, or Employee.

Section B. In the event of a grievance, there shall be no work stoppages or strikes, and the following

procedures shall be observed to resolve a grievance:

Step l. Within three (3) working days after the facts or events which give rise to the grievance

come to the Employee's or the Union's attention, an Employee having a grievance or the Union

shall take it up with his immediate Supervisor specifying that the matter is a formal grievance.

ARH shall give its answer to the Employee or the Union within three (3) working days after the

presentation in Step l.

Step 2. If the grievance is not satisfactorily settled in Step l, it shall be reduced to writing by the

Employee or the Union on the Grievance Form, Appendix "C", which shall state (a) the nature of

the dispute or complaint, (b) the facts upon which the grievance is based, (c) the Article of the

Agreement claimed to be violated (which may be amended at any step of the grievance procedure

through Step 4 but not after written demand for arbitration), (d) the remedy or correction sought,

and will be signed and dated by the Employee or the Union, and must be presented by the

Grievance Committee of the Union to the Department Head in Step 2 within five (5) working days

after the answer in Step l. A grievance so presented in Step 2 must be answered by ARH in writing

within five (5) working days after its presentation by the Grievance Committee in Step 2.

Step 3. If the grievance is not satisfactorily settled in Step 2, the grievance must, within five (5)

working days after the answer in Step 2, be presented by the Grievance Committee of the Union to

ARH's Community CEO. A grievance so presented in Step 3 must be answered by ARH in writing

within five (5) working days after its presentation in Step 3.

A grievance concerning a discharge or suspension shall be presented at Step 3 in the first instance,

within ten (l0) working days of the facts or events, which give rise to the grievance or disciplinary

action taken. A grievance concerning any other matter may, by mutual agreement, be presented

initially at Step 3 in the first instance.

51

Step 4. If the grievance is not satisfactorily settled at Step 3, the grievance must, within ten (l0)

working days after the answer in Step 3, be presented in Step 4 by the designated International

Union representative to the designated representative of the President of ARH. A grievance so

presented in Step 4 must be answered by ARH in writing within ten (l0) working days after its

presentation in Step 4.

A Union grievance, which has not been resolved after completion of Step 4, may be referred for

arbitration by only the Union as hereinafter provided.

The Company agrees that it shall not subpoena or call as a witness in any disciplinary or

Arbitration proceedings any Employee from the bargaining unit. The Union agrees that it

shall not subpoena or call as a witness in such proceedings any non-bargaining unit employee.

Section C. All time limits specified shall be deemed exclusive of Saturdays, Sundays, and holidays.

Section D. Failure on the part of ARH to answer a grievance in either Step l or Step 2 within the

prescribed time limits shall not be deemed acquiescence thereto, and the grievance shall automatically

proceed to the next Step. Failure on the part of ARH to answer a grievance in either Step 3 or Step 4

shall be deemed acquiescence thereto and the grievance shall be resolved against ARH. Failure on the

part of the Union to present or appeal a grievance at any step (except from Step 2 to Step 3) within the

prescribed time limits shall be deemed acquiescence thereto, and the grievance will be deemed

resolved against the Union on the basis of the last answer of ARH, which has been made.

Section E. If the union withdraws the grievance, a statement shall be signed together with the date of

same, on the Grievance Form, to that effect.

Section F. Grievances settled at Step 3 shall have local bargaining unit precedent value only, while

grievances settled as the result of a Step 4 hearing shall have precedent value for all bargaining units

covered under this master agreement.

Section G. If the grievance is not settled in Step 4, and if written demand is made by the Union, then

within ten (l0) working days after written demand for arbitration, an arbitrator will be selected from a

permanent panel of nine (9) arbitrators mutually agreed to by ARH and the Union. Provided however,

the grievance shall not be referred for arbitration except upon written demand of the Union made

within ten (l0) working days after the answer in Step 4. This time limit may be extended by mutual

agreement. If written demand is not made as aforesaid, the grievance shall be deemed resolved on the

basis of the last answer and decision made from which an appeal was not taken and such grievance

shall not be subject to further appeal. All evidence shall be submitted at the Step 4 hearing.

Section H. The procedure used in selecting an arbitrator to hear an arbitration case will be as follows:

l. The arbitrator who is selected must agree to hear the case within thirty (30) days or less from the

date of selection and notification.

52

2. The parties to this Agreement have agreed on a panel of nine (9) permanent arbitrators as more

particularly shown on Appendix "D", attached hereto and made a part hereof. Each individual

hospital shall maintain its own list. The first arbitration case at any individual hospital will be

assigned to the arbitrator first on the list provided he can hear the case within thirty (30) days. If he

does not agree to so hear the case, the parties will move to the arbitrator second on the list. The

parties will then move down the list until an arbitrator is found who will agree to hear the case

within thirty (30) days. Selecting the arbitrator for the next case will begin with the arbitrator next

in numerical order on the list after the arbitrator selected for the previous case. When the parties

reach the last name on the list, they will move back to the first name and follow the list of

arbitrators again in descending numerical order. Should none of the arbitrators agree to hear the

case within thirty (30) days, the arbitrator who can hear the case at the earliest date after thirty (30)

days shall be selected.

3. The arbitrator will be requested to render a decision within thirty (30) days from the date of the

hearing.

Section I. The fees and expenses of the arbitrator shall be paid equally by ARH and the Union.

Section J. The award of the arbitrator shall be final, conclusive and binding upon ARH, the Union,

and the Employee(s).

Section K. The arbitrator shall have jurisdiction only over disputes or complaints involving the

interpretation or application of, or compliance with, the terms of this agreement, and he shall have no

power to add to, subtract from, or modify in any way, any terms of the Agreement, nor shall he

exercise any responsibility or function of ARH or the Union, nor shall he have jurisdiction over any

dispute or complaint involving any practice of ARH unless it is contended that such practice abridges

a provision of the Agreement. The parties to this Agreement shall make a sincere effort to resolve any

complaint or problem even though it does not involve the interpretation, application or compliance

with the provisions of this Agreement.

Section L. In the event an Employee dies, the Union may process on behalf of his legal heirs any

claim he would have had relating to any monies due under any provision of the Agreement.

Section M. A local committeeman or local union president may leave his work for the purpose of

processing grievances and attending scheduled grievance meetings with management in accordance

with the Grievance Procedure and for reporting to the grievant the status of his grievance with the

permission of his supervisor which shall not be unreasonably withheld so long as there is no

interference with patient care. After receiving permission from his supervisor, any and all union

members conducting grievance activity will be required to badge out when departing his

assigned work unit and will be required to badge in when returning to his assigned work unit.

Section N. The local grievance committeeman or local union president or Employee who during his

regularly scheduled work shift, has left his work for the purpose of processing grievances, and to

attend regularly scheduled or special committee meetings with management of ARH shall do so

without loss of earnings. ARH will not pay wages to any local grievance committeeman or Employee

53

who has left his work for the purpose of attending arbitration hearings or for preparing for arbitration

hearings.

The local grievance committeeman and Employee will whenever practicable, process grievances on

his/her own time.

Section O. The Union, from time to time, shall keep on file with ARH a current list showing the

names, addresses, and home telephone numbers (if available) of the officers of the local union and the

local grievance committee.

Section P. The grievance Committee of the Union shall not consist of more than four (4) members

including the local union president.

Section Q. Records of disciplinary action will be null and void after five (5) years from date given

and records of disciplinary action over three (3) years old will not be used against an Employee in a

grievance or arbitration procedure.

Q.1 The duration of any Last Chance Settlement shall be delineated in the Last Chance Settlement

Agreement.

Section R. All grievances appealed to Step 4 of the grievance procedure shall be reviewed by each

respective Step 4 representative. Within twenty (20) days of receiving the Step 4 hearing request,

representatives will communicate with one another and jointly determine whether the grievance merits

a Step 4 hearing and schedule a Step 4 hearing if warranted. If the grievance does not merit a Step 4

hearing, the grievance shall be referred back to Step 3 for consideration. If the parties are still unable

to reach a Step 3 settlement, the grievance will be directed to Step 4 for disposition.

ARTICLE 34

EXCLUDED PERSONNEL

PERFORMING BARGAINING UNIT WORK

No Change


All employees excluded from and not covered by this Agreement shall not perform the work being

performed by the Employees covered by this Agreement except:

l. In case of a bonafide emergency where delay would jeopardize a patient's life or health;

2. To eliminate a condition or emergency caused solely by acts of God;

3. To train new, inexperienced and present Employees by instruction and demonstration of safe or

proper working procedures;

54

4. To assist an Employee in the performance of a task when requested by an Employee;

5. To eliminate or correct a safety hazard caused by sudden and unanticipated circumstances;

6. To assist Employees in correcting, adjusting, or controlling new equipment during installation or

testing periods;

7. To meet patient care requirements when undue delay in calling a bargaining unit Employee could

cause the interruption of good patient care;

8. To fill in for an Employee where undue delay would interrupt good patient care until another

qualified bargaining unit Employee is called to work.

ARTICLE 35

STUDENTS AND VOLUNTEERS

No Change


A. STUDENTS

The parties agree that the presence of students in ARH facilities is important for developing future

resources in the community, for improving, the quality of care, and for fulfilling the responsibility of

ARH to the community. At the same time the parties recognize that the presence of students in patient

care areas in no way diminishes ARH's responsibility for the care provided and shall not affect the

level of staffing required to care for its patients. ARH may train students so long as the use of such

persons does not:

l. Cause the displacement of bargaining unit Employees, or

2. Cause the reassignment of bargaining unit Employees to other areas of the facility, or

3. Cause a reduction of the workforce, or

4. Cause ARH not to hire Employees.

While performing bargaining unit work for training purposes, patient care by students shall be coordinated

with bargaining unit Employees and by designated instructors normally responsible for giving direction.

The following guidelines shall be used to determine compliance with the above principles:

55

l. ARH will, as soon as practicable, provide a summary of clinical affiliations to the leadership of the

Union. Such summary will include:

a. type of student,

b. nature of learning to take place,

c. number of students,

d. location in hospital of assignment,

e. schedule of students, and

f. clinical assignments (when available)

2. ARH will limit student involvement within a department or unit to no more than four (4) students

assigned to the patients of any individual bargaining unit member. However, professional students

who are assigned exclusively to the patients of non-bargaining unit personnel shall not be subject to

the provisions of this article.

3. Coordination shall be exercised in the form of a pre- and post-clinical conference so that the

bargaining unit person may review the care to be provided by the student and state the necessity of

staff attendance for particular procedures. Content of the conference will be shared with the

supervisor or department head. Conferences will be documented by a "sign-off" by all parties.

4. In the interest of quality of care, medication rounds by students should be witnessed by the staff

person assigned.

5. ARH shall document, through use of schedules, clinical assignments, and/or other staffing

mechanisms, that the presence of students did not cause a displacement of bargaining unit Employees.

B. VOLUNTEERS

ARH may use volunteers so long as the use of such persons does not cause the displacement of or

reassignment of bargaining unit Employees, or cause a reduction of the working force, or cause the

hospital not to hire Employees. Volunteers shall not perform bargaining unit work.

ARTICLE 36

NO STRIKE, NO LOCKOUT

No Change


Section A. The Union, its officers, agents, members and Employees covered by this Agreement agree

that during the terms of this Agreement or any extension thereof, there shall be no strikes, sit-downs,

slowdowns, stoppages of work, boycott, picketing or other interferences with ARH's operations of its

56

hospitals, or other health care facilities. Any violation of the foregoing provision may be made the

subject of disciplinary action, including discharge.

Section B. Should a strike, sit-down, slowdown, picketing, concerted stoppage of work or other

interference with the operations of ARH occur, not called or sanctioned directly or indirectly by the

Union, the Union, upon request of ARH, shall:

l. Disavow such action by the Employees;

2. Advise ARH in writing, that such action by the Employees has not been called for nor

sanctioned by the Union; and

3. Post notices on the premises of the ARH facility or facilities concerned, that it disapproves such

action, and instructing Employees to return to work immediately, and will enforce the provisions

of its constitution regarding such unauthorized acts.

Section C. ARH agrees that so long as this Agreement is in effect there shall be no lockouts,

however, the closing down of a facility or any part thereof or the curtailing of any operation for

business reasons shall not be construed to be a lockout.

ARTICLE 37

SUBCONTRACTING

No Change


The parties of this Agreement have existing rights and obligations with respect to various types of

contracting out.

ARH has stated that insofar as practicable, Service and Maintenance work performed in and around

the ARH facilities shall be done by bargaining unit Employees. In addition, the following provisions

protect either bargaining unit Employees or affirms existing management rights, whichever the case

may be. As to those types of contracting out specified below:

A. l. Service, and day-to-day maintenance and repair work within a facility as to which the practice

has been to have such work performed by Employees in the bargaining unit shall not be contracted out

for performance within the facility, unless otherwise mutually agreed pursuant to paragraph D.

A. 2. If service and day-to-day maintenance and repair work has, in the past, been performed within

a facility under some circumstances by Employees within the bargaining unit and under some

circumstances by Employees of contractors, or both, such contracting out shall be permissible under

circumstances similar to those under which contracting out has been a practice, unless otherwise

mutually agreed pursuant to paragraph D.

57

A. 3. Service and day-to-day maintenance and repair work within a facility as to which the practice

has been to have such work performed by employees of contractors may continue to be contracted out,

unless otherwise mutually agreed pursuant to paragraph D.

B. Maintenance and repair work performed within the facility other than described in paragraph A,

and installation, replacement, and reconstruction of equipment and facilities, other than that described

in paragraph C may not be contracted out for performance within a facility unless contracting out

under the circumstances existing as of the time the decision to contract out was made can be

demonstrated by ARH to have been the more reasonable course than doing the work with bargaining

unit employees, taking into consideration the significant factors which are, including the hiring of

additional personnel, relevant. Whether the decision was made at the particular time to avoid the

obligations of this paragraph may be a relevant factor for consideration.

C. New construction, including major installations, major replacement and major reconstruction of

equipment and facilities at any facility may be contracted out subject to any rights and obligations of

the parties which, as of the beginning of the period specified above, are applicable at that hospital.

New construction including major installation, major replacement and major reconstruction of

equipment and facilities at any hospital may be contracted out if required by the terms or conditions of

any governmental grant or grant-in-aid or any regulations pertaining thereto without regard to the

provisions of this Article.

D. l. A regularly constituted committee consisting of not more than six (6) persons, half of whom

shall be members of the bargaining unit and designated by the Union in writing to ARH management

and the other half designated in writing to the Union by ARH management, shall attempt to resolve

problems in connection with the operation, application, and administration of the foregoing

provisions.

D. 2. In addition to the requirements of paragraph E below, such Committee may discuss any other

current problems with respect to contracting out brought to the attention of the Committee.

D. 3. Any significant item of work, which comes within the scope of this Article, will be discussed

with the local union president and committee prior to notification of the Union Committee in Section

E. The local president and committee will make a formal recommendation to the Union Members of

ARH and Union Committee.

E. Before ARH finally decides to contract out a significant item of work, which comes within the

scope of this Article, the Union Committee members will be notified. Such notice will be given in

advance of the final decision to contract out the work except where emergency requirements prevent

such timely notice. Such notice shall be in writing and shall be sufficient to advise the Union

members of the Committee of the location, type, scope, duration and timetable of the work to be

performed so that the Union members of the Committee can adequately form an opinion as to the

reasons for such contracting out. Should the Union Committee members believe discussion to be

necessary, they shall request a meeting with ARH members in writing within three (3) days (excluding

Saturdays, Sundays, and Holidays) after receipt of such notice and such a meeting shall be held within

58

five (5) days (excluding Saturdays, Sundays, and Holidays) thereafter. The Union members of the

Committee may include in the meeting the Union representative from the individual facility in which

the problem arises. At such meeting, the parties will review in detail the plans for the work to be

performed and the reasons for contracting out such work. ARH members of the Committee shall give

full consideration to any comments or suggestions by the Union members of the Committee and to

any alternate plans proposed by the Union members of the performance of the work by bargaining unit

personnel. Except in emergency situation such discussions, if requested, shall take place before any

final decision is made as to whether or not such work will be contracted out. Should the Committee

resolve the matter, such resolution shall be final and binding. Should a discussion be held and the

matter not resolved or in the event a discussion is not held, then, within thirty (30) days from the date

of ARH's notice, a grievance relating to such matter may be filed at Step 4 of the grievance and

arbitration procedure. Should ARH fail to give notice as provided above, then not later than thirty (30)

days from the date of the commencement of the work a grievance relating to such matters may be filed

at Step 4 of the grievance and arbitration procedure.

ARTICLE 38

SUBSTANCE ABUSE TESTING

In an effort to provide and maintain a proper and safe working environment, ARH will be

implementing a random drug screening policy.

Any Employee suspected of intoxication or abuse of controlled substances or following post-accident

on the job shall voluntarily submit to a urinalysis and blood test upon the request of their Supervisor or

designee. Failure to submit to said tests will be grounds for summary discharge. Voluntary

participation with a positive finding shall not subject an Employee to discharge for a first offense,

unless the Employee commits some other act deserving of summary discharge.

ARTICLE 39

CIVIL RIGHTS

No Change


Section A. There shall be established at each hospital a Joint Civil Rights Committee consisting of

two members of Management and two members of the Union.

Section B. The Committee will meet upon the request of either party to investigate Civil Rights

Complaints arising out of this agreement and make recommendations to resolve such complaints.

59

Section C. Civil Rights Complaints which are not resolved by the Committee may be processed

through the Grievance Procedure. Such grievance will be introduced at the Third Step of the

grievance procedure.

Section D. Whenever possible, the Committee members will handle civil rights complaints on their

own time.

ARTICLE 40

HEALTH & SAFETY

No Change


Section A. Two bargaining unit employees, selected by the local union president, shall be appointed to

the multidisciplinary Health and Safety Committee as established in each community. Any member

of the Health and Safety Committee may request items to be included on the agenda.

Section B. ARH Employees are encouraged and expected to report health and safety issues and

concerns through established processes, which include electronic notification. Items of an emergent

nature shall be brought to the attention of the CCRAO or designee who shall determine the

appropriate action needed including whether to call a special meeting of the committee.

Section C. The union and ARH will cooperate in the objective of eliminating health and safety

hazard. ARH will maintain a program of infectious and communicable disease control. All

recommendations from the Health and Safety Committee will be communicated to the appropriate

department, unit or facility manager for review and action as determined appropriate.

Section D. ARH will make reasonable provisions for the health and safety of its Employees during

the hours of their employment. ARH, the union, and the Employees recognize their obligations

and/or rights under existing federal and state laws with respect to safety and health matters.

Section E. ARH will provide appropriate health and safety information to Employees to meet its

obligations and achieve the Employees’ “right to know” how to protect themselves and others from

occupational hazards. Such information includes but is not limited to training in the proper use of

equipment and safe work practices.

Section F. All ARH Employees are expected to comply with the rules and regulations of the hospital

to properly protect them from illness or injury.

Section G. ARH shall provide appropriate first aid for all Employees during their working hours.

Section H. Any complaint, disagreement or dispute related to health and safety is subject to the

grievance and arbitration procedure. Such grievances may be filed at Step 3.

60

Section I. ARH recognizes Employees’ rights with regard to health and safety and will not tolerate

reprisals or inappropriate employment actions associated with the legitimate exercise of such rights.

ARTICLE 41

LOCAL AGREEMENTS

No Change


Section A. From and after the date of execution hereof, and at least within thirty (30) days, the parties

shall, in good faith, reduce to writing local agreements pertaining to local practices and customs

regarding scheduling and temporary vacancies and transfers. In the event the parties are unable, after a

good faith effort and after the passage of ninety (90) days after the execution of this Agreement to so

reduce to writing the local practices and customs as aforesaid the disputes between the parties shall be

submitted to the Staff Representative and the Director of Labor/Employee Relations of designee. If

the disputes cannot be settled at that level, they will be submitted for mediation through the Federal

Mediation and Conciliation Service. In no event will there be any work stoppage, strike, slowdown,

sit-down, boycott or lockout as a result of any disagreement between the parties pursuant to this

Article.

Section B. No local agreement entered into pursuant to this Article shall add to, subtract from,

modify, amend, or violate any term, condition, or provision of this Agreement.

Section C. The local agreements contemplated by this Article shall be entered into between the local

unions and the individual facilities.

ARTICLE 42

MANAGEMENT RIGHTS

No Change


Section A. Management of ARH includes the rights among others of hiring, discharging, and

directing the working force, and of establishing reasonable policies in connection therewith, and all

management rights are vested exclusively in ARH and shall not be abridged by the Union. However,

these prerogatives shall not be used to discriminate against any member of the Union and any policy

shall not abridge any term, provisions or condition of this contract.

61

Section B. The Union, on behalf of the Employees it represents, agrees to cooperate with ARH to

attain and maintain full efficiency and maximum patient care and ARH agrees to receive and consider

constructive suggestions submitted by the Union toward these objectives.

ARTICLE 43

NOTICE

No Change


Except as otherwise provided herein, any notice to be given under this Agreement shall be given by

registered mail, be completed by and at the time of mailing, and if by ARH be addressed to the United

Steelworkers, 5 Gateway Center, Pittsburgh, Pennsylvania 15222 and if by the Union, to ARH at 100

Airport Gardens Road, Hazard, Kentucky 41701. Either party may, by like written notice, change the

address to which registered mail notice shall be given.

ARTICLE 44

SCOPE OF AGREEMENT

No Change


Section A. This Agreement shall cover the entire understanding between the parties hereto.

Section B. Any and all matters, which may have been considered during negotiations, but are not a

part of this Agreement, shall not be the subject of further demand or consideration during the life of

this Agreement or any renewal thereof.

Section C. Wherever in this Agreement the word "his" is used, it shall also be held to apply to "her"

when applicable.

Section D. No policy established by ARH in connection with the exercise of its management rights

shall abridge any terms, provisions or conditions of this Agreement insofar as this Agreement

regulates rates of pay, hours of work and conditions of employment.

ARTICLE 45

SEVERABILITY

62

No Change


Should any Article of this Agreement or any Section or Provision hereof violate any applicable law,

such Article or Section or Provision hereof shall be inoperative to the extent that it is at variance with

such law. All other Articles or Sections or Provisions of the Agreement shall not be affected and shall

remain in full force and effect. The parties shall meet forthwith to renegotiate any such inoperative

Article or Section or provision hereof to comply with the law.

ARTICLE 46

DURATION


This Agreement shall terminate at the expiration of ninety (90) days after either party shall give

written notice of termination to the other party, but in any event shall not be terminated earlier

than midnight, March 31, 2016. If either party gives such notice, the parties shall meet within

thirty (30) days thereafter to negotiate.

ARTICLE 47

PART TIME EMPLOYEES

Section A.

The term "regularly employed part-time Employee" refers to persons who regularly work a number of

hours and days a week, which are less than the customary full forty (40) hour work week. Such

persons shall be considered as regular, part-time Employees and shall customarily work on a regular

part-time scheduled basis. All such Employees shall enjoy proportionate holiday, vacation/PTO and

sick leave benefits based upon the actual number of straight time hours worked per pay period.

Section B.

Part-time Employees hired after April 1, 1986 will share in the cost of medical benefits insurance

premiums. The proportionate amount paid by ARH will be based upon the actual number of straight

time hours worked, adjusted on a quarterly basis.

Section C.

Experience gained by part-time Employees in their part-time positions cannot be used to qualify them

for posted job vacancies over full-time bidders for the position.

63

Section D.

Full-time Employees who are displaced to part-time status shall be allocated Additional Vacation Pay

at the full-time rate.

Section E. The company shall furnish, the union at the end of each payroll quarter, a list of all

Steelworkers currently working in part-time jobs and the percentage that each Steelworker actually

worked.

ARTICLE 48

WORKPLACE CHANGE

No Change


Section A. The parties recognize and acknowledge that changes in the workplace are

accelerating, particularly as new technologies are introduced.

“Workplace change”, as used in this Article shall be interpreted to include major changes in

technology or workplace restructuring that has a significant impact on wages, hours or other

conditions of work for groups of Employees.

Section B. The parties acknowledge that significant workplace change will occur and that such

change will impact Employees. ARH will keep the local union leadership informed about such

changes and encourage Employees to educate themselves regarding technology and process

improvements that could improve performance and outcomes. Such notification shall include

multi-media communications as well as face-to-face dialogue prior to an anticipated significant

impact. Information provided will include a summary description of the change project including

its intended purpose, timeline, impact on existing operations and processes.

Section C. ARH will continue to support and encourage Employee engagement in change

initiatives, to accomplish this end, ARH will include the local union leadership early in the

process of considering workplace changes. The Employees and the Union will work with ARH

to facilitate changes that impact ARH’s ability to continuously improve quality, service, safety,

and ARH’s viability and sustainability.

Section D. ARH will continue to reward and recognize Employees who distinguish themselves

and contribute to workplace safety, customer service and satisfaction, quality and financial

objectives.

Section E. The parties to this agreement acknowledge their duty to bargain over the impact of

workplace changes to Employees and have long had established contractual terms dealing with

64

Employee protection in such matters. Nothing in this Article diminishes the rights of either party

under the NLRA.

Status of anticipated change initiatives will be provided in conjunction with the annual meeting

of the parties, with updates to be provided during monthly/biweekly labor management meetings

and other forms of notification to the local union leadership.

Section F. The parties acknowledge that ARH trains and will continue training Employees in the

use of new technology and work processes and gives each Employee an opportunity to learn and

grow. The parties have established contractual remedies for Employees who are unable to adapt

to new technologies or work processes or who are displaced by change initiatives.

ARTICLE 49

LABOR MANAGEMENT COMMITTEES

No Change


Section A. A joint Labor Management Committee shall be established in each community in

accordance with this Article for the purpose of maintaining communications to cooperatively

discuss issues of mutual concern and to promote a climate of positive Employee/employer

relations. The parties are committed to resolving issues brought before the Committee, and

understand it is not the intent of this Committee to negotiate contract language or negotiate

contracts.

Section B. The Committee shall meet at times and dates mutually agreed to by the local parties,

but the parties will meet at least once monthly. The parties will exchange an agenda of

appropriate items for the meeting at least one (1) week prior to the Committee meeting.

Meetings may be held more frequently through mutual agreement of the parties. The Committee

shall consist of an equal number of management representatives appointed by ARH and an equal

number of bargaining unit representatives, including the Local Union President or designee, and

other bargaining unit Employees appointed by the Local Union President. Representatives of this

Committee may therefore upon mutual agreement create subcommittees to further address

appropriate workplace issues.

Section C. Proper subjects for discussion may include but are not limited to ARH mission and

values, recruitment and retention, health and safety issues, efficient work practices, quality

issues, staffing, productivity and scheduling. However, nothing determined or resolved in this

Committee shall add to, subtract from, modify, amend, or violate any term, condition, or

provision of this Agreement.

65

Section D. Active Employees on this Committee shall be compensated at their regular rate of

pay for actual time spent in Committee meetings.

66

Appendix A

Employees hired on or after April 1, 2010

Five Steps Minimum

Grade Position Start Rate Step 1 Step 2 Step 3 Step 4 Standard

0 Homemaker 7.60 7.97

Personal Care Assistant 7.60 7.97

1

Dishwasher 7.60 7.73 7.87 8.01 8.15 12.94

Janitor 7.60 7.73 7.87 8.01 8.15 12.94

Kitchen & Cafeteria Helper 7.60 7.73 7.87 8.01 8.15 12.94

Maid 7.60 7.73 7.87 8.01 8.15 12.94

2

Laundry Helper 7.81 7.95 8.09 8.23 8.37 13.24

Plant Maintenance Repairman 7.81 7.95 8.09 8.23 8.37

13.24

Radiology Worker 7.81 7.95 8.09 8.23 8.37 13.24

3

Nursing Aide 8.02 8.16 8.30 8.45 8.60 13.56

Nursing Aide- Home Health 8.02 8.16 8.30 8.45 8.60

13.56

Office Service Clerk 8.02 8.16 8.30 8.45 8.60 13.56

Operating Room Aide 8.02 8.16 8.30 8.45 8.60

13.56

Physical Therapy Worker 8.02 8.16 8.30 8.45 8.60

13.56

Seamstress 8.02 8.16 8.30 8.45 8.60 13.56

4

CSS Worker 8.24 8.38 8.53 8.68 8.83 13.85

EKG- EEG Technician 8.24 8.38 8.53 8.68 8.83

13.85

Medical Records Clerk 8.24 8.38 8.53 8.68 8.83

13.85

Radiology Worker 8.24 8.38 8.53 8.68 8.83 13.85

Truck Driver 8.24 8.38 8.53 8.68 8.83 13.85

Washer 8.24 8.38 8.53 8.68 8.83 13.85

5

Clerk Typist 8.47 8.62 8.77 8.92 9.08 14.22

Expeditor 8.47 8.62 8.77 8.92 9.08 14.22

Monitor Technician 8.47 8.62 8.77 8.92 9.08 14.22

Physical Therapy Worker 8.47 8.62 8.77 8.92 9.08

14.22

Receptionist Telephone Operator 8.47 8.62 8.77 8.92 9.08

14.22

Stores Clerk 8.47 8.62 8.77 8.92 9.08 14.22

Truck Driver- Home Health 8.47 8.62 8.77 8.92 9.08

14.22

6

Courier 8.70 8.85 9.01 9.16 9.33 14.54

Clerk Typist 8.70 8.85 9.01 9.16 9.33 14.54

Inventory Cost Clerk 8.70 8.85 9.01 9.16 9.33 14.54

67

Laboratory Assistant 8.70 8.85 9.01 9.16 9.33 14.54

Pharmacy Attendant 8.70 8.85 9.01 9.16 9.33 14.54

7

Admissions Clerk 8.92 9.08 9.23 9.40 9.56 14.83

Business Office Clerk 8.92 9.08 9.23 9.40 9.56

14.83

Clerk Typist 8.92 9.08 9.23 9.40 9.56 14.83

Clinic Clerk 8.92 9.08 9.23 9.40 9.56 14.83

Cook 8.92 9.08 9.23 9.40 9.56 14.83

Hospital Clerk 8.92 9.08 9.23 9.40 9.56 14.83

Nursing Service Clerk 8.92 9.08 9.23 9.40 9.56

14.83

Purchasing Control Clerk 8.92 9.08 9.23 9.40 9.56

14.83

8

Histology Technician 9.14 9.30 9.46 9.63 9.80 15.19

Operating Room Technician 9.14 9.30 9.46 9.63 9.80 15.19

Pharmacy Technician 9.14 9.30 9.46 9.63 9.80 15.19

Print Shop Worker 9.14 9.30 9.46 9.63 9.80 15.19

Truck Driver I 9.14 9.30 9.46 9.63 9.80 15.19

9

Medical Transcriptionist 9.36 9.52 9.69 9.86 10.03 15.46

Patient Records Coordinator 9.36 9.52 9.69 9.86 10.03

15.46

Print Shop Compositor 9.36 9.52 9.69 9.86 10.03

15.46

Truck Driver II 9.36 9.52 9.69 9.86 10.03 15.46

10

Laboratory Technician 12.20 12.41 12.63 12.85 13.08 15.82

Operating Room Technician 12.20 12.41 12.63 12.85 13.08

15.82

Plant Maintenance Mechanic 12.20 12.41 12.63 12.85 13.08

15.82

Plant Operating Engineer 12.20 12.41 12.63 12.85 13.08

15.82

Truck Driver III 12.20 12.41 12.63 12.85 13.08 15.82

HME Technician 12.20 12.41 12.63 12.85 13.08 15.82

Medical Assistant 12.20 12.41 12.63 12.85 13.08 15.82

11 Radiologic Technologist 12.48 12.70 12.92 13.15 13.38 16.14

12

Operating Room Technician 12.75 12.97 13.20 13.43 13.67 16.46

Activities Worker 12.75 12.97 13.20 13.43 13.67 16.46

Respiratory Therapy Tech 12.75 12.97 13.20 13.43 13.67

16.46

13 Carpenter 13.03 13.26 13.49 13.73 13.97 16.76

Electrician 13.03 13.26 13.49 13.73 13.97 16.76

68

Electronic Technician 13.03 13.26 13.49 13.73 13.97

16.76

Painter 13.03 13.26 13.49 13.73 13.97 16.76

Plumber 13.03 13.26 13.49 13.73 13.97 16.76

14

Clinical Lab. Technologist 13.31 13.54 13.78 14.02 14.27 17.12

Refrigeration Mechanic 13.31 13.54 13.78 14.02 14.27 17.12

15

LPN 13.62 13.86 14.10 14.35 14.60 17.42

LPN- Clinic 13.62 13.86 14.10 14.35 14.60 17.42

Respiratory Therapy Tech. 13.62 13.86 14.10 14.35 14.60

17.42

16 Elevator Mechanic 13.89 14.13 14.38 14.63 14.89 17.78

17 Sonographer I 14.18 14.43 14.68 14.94 15.20 18.07

Respiratory Therapy Tech 14.18 14.43 14.68 14.94 15.20 18.07

18 14.45 14.70 14.96 15.22 15.49 18.41

19

Clinical Lab Tech 15.41 15.68 15.95 16.23 16.52 20.47

Radiologic Technologist II 15.41 15.68 15.95 16.23 16.52

20.47

Respiratory Therapy Tech 15.41 15.68 15.95 16.23 16.52

20.47

Sonographer II 15.41 15.68 15.95 16.23 16.52 20.47

20 15.79 16.07 16.35 16.63 16.92 21.08

21 Diagnostic plus CT 16.32 16.61 16.90 17.19 17.49 21.71

22

Diagnostic plus CT Ultrasound (Nuclear or Mammography) performing three of five (taking call) Performing Mammography (registered) 16.85 17.14 17.44 17.75 18.06 22.34

23

Polysomnographer 17.38 17.68 17.99 18.31 18.63 22.91

Performing CT, Ultrasound, (Nuclear or Mammography) and (registered in CT or Ultrasound). Sonographer I Performing Special Procedures Cardiac Cath. Angiography 17.38 17.68 17.99 18.31 18.63 22.91

69

24

Performing Ultrasound, (Vascular, Echo, or OB) registered, Sonographer II Performing Nuclear- (registered) 17.91 18.22 18.54 18.87 19.20 23.53

25

Special Procedures Technologist registered Performing MRI 18.44 18.76 19.09 19.43 19.77 24.16

Special Procedures Technologist registered Performing Cardiac Cath, or Angiography. Performing CT, Ultrasound or Nuclear registered in two of three 18.44 18.76 19.09 19.43 19.77 24.16

Note: Accurate calculations will take precedence over any errors in this summary table.

All Calculations are rounded to cents.

Appendix AA

ADDENDUM TO

HOMEMAKER POSITION DESCRIPTION

No Change


1. The rate of pay for the Homemaker job classification will be specified in Wage Structure,

Appendix A.

2. Employees entering this job will go immediately to Standard Rate.

3. Employees will be reimbursed for mileage at the federal mileage rate.

4. Employees presently displaced (bumped from their bid job) or employees on layoff may bid to

the Homemaker job classification without relinquishing their recall rights to their present bid job.

5. On a local Home Health Agency basis, provided the present number of Home Health Nurse Aide

patients does not decrease below the present number and provided the cost per visit reimbursement

rates or procedures covered are not reduced, the present number of Home Health Nurse Aides will

not be reduced at locals where the Homemaker job classification is utilized.

6. If a patient is eligible for both Homemaker services and Home Health medical services, the

patient bath will be provided by a Home Health Nurse Aide.

7. No other new job classification will be established at a rate lower than the negotiated job grade 1

rate, except by mutual agreement of the parties.

Appendix A1

CHECK OFF AUTHORIZATION FORM

No Change


Appendix B

GRIEVANCE FORM

No Change


Appendix C

PERMANENT PANEL OF ARBITRATORS

No Change


APPALACHIAN REGIONAL HEALTHCARE, INC., and UNITED STEELWORKERS-USW-

AFL-CIO-CLC, agrees that the hereinafter named persons in the order designated shall constitute

the Permanent Panel of Arbitrators as provided for in the Collective Bargaining Agreement

between the parties dated March 23, 2010:

1. McDaniel, Edward E.

2. Sergent, Stanley H.

3. Murphy, John J

4. Heekin, William

5. Michael LeRoy

6. Phyllis Florman

7. Ed Render

8. Michael Paolucci

9. John A. Remington

Appendix D

MEMORANDUM OF UNDERSTANDING

RE: EDUCATIONAL REQUIREMENTS FOR ALL POSITIONS

No Change


ARH has established the educational requirements for all positions at a high school diploma or GED

equivalent or such higher educational requirements as may be necessary or required for the particular

position.

ARH recognizes that many persons presently employed have not had the opportunity to graduate from

high school or the opportunity to obtain a GED equivalent, but through work experience may be

qualified to perform higher rated jobs. ARH agrees that all Employees who were employed before

February 4, l975, shall not be considered as not meeting the educational requirements if they do not

have a high school diploma or GED equivalent, unless otherwise required because of the nature of the

job, such as, Licensed Practical Nurses, Certified Laboratory Assistants, Radiological Technologists,

etc. It is understood that these Employees must meet all the other requirements specified for a

particular job classification such as experience, skills, training, work traits, dexterity, certification or

licensure as required by state and federal laws, etc.

If ARH desires to hire Employees in grades l and 2 who do not have a high school diploma or GED

equivalent, such Employees will not be permitted to advance to a job requiring above educational

requirements until they obtain them on their own.

The sentence in each job description, "Performs other related duties as assigned." means other related

duties within the scope of the job classification that may not specifically be enumerated in the job

description.

ARH will change the wording of this sentence as new job descriptions are required or other additional

copies are distributed to "Performs other related duties within the scope of the job classification as

assigned."

Appendix E

Addendum to Appendix E

No Change


The position description language will return to "Performs other related duties as assigned" to assure

the continued application of the intent and validate the well established past practice relative to the

Company's direction of the workforce through assignment of related duties and/or through temporary

transfers.

Addendum to Appendix E

APPALACHIAN REGIONAL HEALTHCARE, INC.

MAINTENANCE AGREEMENT

No Change


The following is a summary of the agreement concerning the maintenance positions:

l. The following jobs would be in the hospital at Grade l0:

a) Plant Operating Engineer

b) Plant Maintenance Mechanic

2. The following will be in the hospital, at Grade l2 or 13:

a) Electrician

b) Painter

c) Plumber

d) Carpenter

e) Electronic Technician

3. ARH will provide a training program to allow employees to bid into the Grade l2 positions.

4. All current Grade l2 employees who meet the Grade l3 requirements will be changed to Grade l3.

All other Grade l2 Employees will remain in Grade l2 until they meet the requirements.

5. Master Plumber Certification will be paid at the grade rate of 14.

Appendix F

EXCLUDED PERSONNEL DANIEL BOONE CLINIC

No Change


Daniel Boone Clinic employees will not do bargaining unit work in the hospital.

Appendix G


"DEFINITION OF 'EMERGENCY'"

No Change


"Emergency" situations, as contained in the maintenance job descriptions, relate to such occurrences

as staff shortages, refusal of overtime, provided that all rules of overtime and call-in have been

adhered to, or life threatening situations in which undue delay may threaten the well being of a patient.

Appendix H

Section 7 – Pharmacy Benefits Schedule: Effective 1/1/2014


Network

Humana Network

0-30 Day

Supply


Level 1: 12% with $5 minimum 15% with $7 minimum 50% with $30 minimum



Level 4: 30% with $275 maximum 30% with $400 maximum 50% with $550 maximum

31-60 Day

Supply

(mandatory

ARH mail order

after 1st fill)

With mandatory ARH

program for maintenance, day

supply greater than 30 will no

longer be available in other

networks.

With mandatory ARH

program for maintenance,

day supply greater than 30

will no longer be available in

other networks.

Level 1: 10% with $10 minimum




61-90 Day

Supply

(mandatory

ARH mail order

after 1st fill)

With mandatory ARH



will no longer be available

in other networks.

With mandatory ARH




other networks.

Level 1: 5% with $15minimum




Appendix I

Section 7 – Pharmacy Benefits Schedule: Effective 1/1/2015


Network

Humana Network

0-30 Day

Supply





Level 4: 30% with $300 maximum 30% with $450 maximum 50% with $600 maximum

31-60 Day

Supply

(mandatory

ARH mail order

after 1st fill)

With mandatory ARH

program for maintenance, day

supply greater than 30 will no

longer be available in other

networks.

With mandatory ARH




other networks.





61-90 Day

Supply

(mandatory

ARH mail order

after 1st fill)

With mandatory ARH



will no longer be available

in other networks.

With mandatory ARH




other networks.





Appendix I

EMPLOYEE DISCIPLINARY NOTICE

No Change


Appendix J


SEVERE ILLNESS/CATASTROPHIC

ACCIDENT MEMO

No Change


The ARH Chief Human Resources Officer (or designee) will review the case of any employee

subject to layoff who becomes severely ill or involved in a catastrophic accident after the layoff is

announced and before it begins. The Chief Human Resources Officer (or designee) will determine

whether the employee scheduled for layoff should be removed from the layoff list and have benefits

continued until such time as the employee is released by a physician to return to work or fails to

provide proof of continued disability every two weeks. ARH will continue to provide at its own cost

and expense the ARH Health Care Plan coverage for said employee for a period of three (3) calendar

months from the effective date of the layoff notification.

Appendix K

PAGE INTENTIONALLY LEFT BLANK

Appendix L

MEMORANDUM OF UNDERSTANDING IMAGING TECHNOLOGISTS

No Change


In the event ARH employs an individual(s) in the job classification(s) of Nuclear Medical

Technologist, Special Procedures Technologist and/or MRI Technologist, the individual(s) employed

shall be a member(s) of the United Steelworker- USW bargaining unit.

Appendix M

ABSENTEEISM PROGRAM

No Change


Employees who are excessively absent over an extended period of time will be subject to progressive

discipline up to and including discharge.

Attendance Probation

Employees will be placed on Attendance Probation if upon quarterly review:

The Employee was absent in excess of three percent (3%) of hours available to work in for the

previous year.

Written Warning

Employees who have been placed on Attendance Probation will be given a written warning if upon

quarterly review:

The Employee was absent in excess of sixteen (16) hours in the quarter and in excess of three

percent (3%) of hours available in the previous year.

Three Day (3) Suspension

Employees who have received a written warning will be given a three (3) day suspension if upon

quarterly review:

The employee was absent in excess of sixteen (16) hours in the quarter and in excess of three

percent (3%) of hours available in the previous year.

Five (5) Day Suspension Pending Discharge

Employees who have received a three (3) day suspension will be given a five (5) day suspension

pending discharge as soon as:

The Employee is absent in excess of sixteen (16) hours in the quarter and in excess of three percent

(3%) of hours available in the previous year.

Last Chance Settlement

After the five (5) day suspension, the Employee will be given one (1) last chance to prove himself or

herself worthy of employment by signing and fulfilling a Last Chance Settlement Agreement.

Additional Provisions

No Employee will be subject to discipline under this program as a result of surgeries, heart attack,

stroke, pregnancy; fractures or cancer treatment (either of which prevents an Employee from

performing his or her job duties); hospitalization and the days absent contiguous to and directly related

to the hospitalization; and hours absent from work, which are the result of Employees being sent to an

ARH Emergency Room by Management, and subsequently being sent home by an ARH physician, or

the result of being sent home due to a communicable disease as determined by the Infection Control

Professional.

The above exclusions will be the only exclusions.

NOTE: Within the first year, new hires will be immediately subject to the provisions of the

Absenteeism Control Program. Consideration of the previous year(s) would be irrelevant. Any new

hire absent in excess of three (3%) of hours available in a quarter will be placed on Attendance

Probation and progress through the steps of the Absenteeism Control Program if the Employee is

absent in excess of sixteen (16) hours in subsequent quarters.

Appendix N

PENSION BENEFIT

ESTIMATED MONTHLY MAXIMUM

No Change


Single Life Annuity with 24 Guaranteed Payments

Employees are paid for their lifetime. The option guarantees that at least 24 payments will be made to

survivor. If Employee dies after receiving 24 payments, all payments stop. If Employee dies before

receiving 24 payments, a beneficiary is paid the difference between the number of payments received

by the employee and 24.

Based on the maximum for this contract period of $25 per month per credited years of service:

YEARS OF

CREDITED

SERVICE

55

58

AGE

60

62

65

5 $ 62.50 $ 75.00 $ 83.33 $100.00 $125.00

10 125.00 150.00 166.75 200.00 250.00

15 187.50 225.00 250.13 300.00 375.00

18 225.00 270.00 300.15 360.00 450.00

20 250.00 300.00 333.50 400.00 500.00

22 275.00 330.00 366.85 440.00 550.00

25 312.50 375.00 416.88 500.00 625.00

28 350.00 420.00 466.90 560.00 700.00

30 375.00 450.00 500.25 600.00 750.00

35 437.50 525.00 583.36 700.00 875.00

40 500.00 600.00 667.00 800.00 1,000.00

45 562.50 675.00 750.38 900.00 1,125.00

50 625.00 750.00 833.75 1,000.00 1,250.00

Appendix O

Appalachian Regional Healthcare

United Steelworkers- USW

Substance Abuse Testing Procedure

No Change

I. UNIFORM TESTING PROCEDURES

A. Reasonable Suspicion Testing

In the event an employee exhibits an abnormal behavior and a supervisor has reasonable suspicion to

believe that the employee is under the influence of a behavior altering substance or following post

accident on the job, ARH may require the employee to go to ARH Laboratory or Emergency Room to

provide both urine and blood specimens for laboratory testing. The initial testing expense will be paid

by ARH. Supervisors and Local Union Presidents or designee must have received training in the

signs of drug intoxication in a prescribed training program, which is endorsed by ARH. Reasonable

suspicion means suspicion based on specific objective facts and reasonable inferences from those facts

in the light of experience that clinical testing will provide evidence of substance abuse. The

supervisor must submit a written report outlining the objective observations for the basis of reasonable

suspicion within twenty four (24) hours.

The employee will sign a consent form authorizing Management to withdraw a specimen of blood,

collect urine and release the results of the laboratory testing to Management, but shall not be required

to waive any claim or cause of action under the law.

A refusal to provide either specimen will constitute a presumption of being under the influence and

the employee will be subject to discharge.

In the event of a positive test result on initial testing, no action shall be taken unless a confirmation test

(as specified below) confirms a positive finding. At that time the employee will be placed on

indefinite suspension (as specified below).

B. Chain of Possession Procedures

At the time the specimens are collected, the employee shall be given a copy of the specimen collection

procedures. The specimens must be immediately sealed, labeled and initialed by the employee to

ensure that the specimens tested by the laboratory are those of the employee. The required procedure

is as follows:

1. Blood Specimens.

Immediately after the specimens are drawn, the individual test tubes shall, in the presence of the

employee, be sealed, and labeled. The employee has an obligation to sign the lab request slip

acknowledging that the specimens have been sealed and labeled in his or her presence. The

specimens shall be placed in the transportation container after being drawn. The container shall be

sealed in the employee's presence. The container shall be sent to an accredited laboratory as soon as

possible by courier.

2. Urine Specimens.

At least sixty (60) ml of specimens shall be collected in total and placed in two (2) urine collection

containers. They shall be sealed, labeled, initialed and processed. The specimens must be

immediately sealed in a transportation container, and sent to an accredited laboratory as soon as

possible by courier.

In this urine collection procedure, urine shall be obtained directly in a wide-mouthed "clinic"

specimen container, which shall remain in full view of the employee until transferred to the two- (2)

tamper-resistant urine bottles in the kit. At the employee's request, he or she may void directly into the

two- (2) tamper-resistant urine bottles in the kit.

It is recognized that the Employer has the right to request the personnel administering a urine

collection to take such steps as checking the color and temperature of the urine specimen to detect

tampering or substitution, providing that the employee's right of privacy is guaranteed, and in no

circumstances may observation take place while the employee is producing the urine specimens. If it

is established that the employee's specimen has been intentionally tampered with or substituted by the

employee, the employee will be subject to discharge. In order to deter adulteration of the urine

specimen during the collection process, physiologic determinations may be performed by the

laboratory at the collection or testing facility.

The parties recognize that the key to chain of possession integrity is the immediate labeling and

initialing of the specimen in the presence of the tested employee. If each container is received at the

laboratory in an undamaged condition with properly sealed, labeled and initialed specimens, as

certified by that laboratory, the Employer may take disciplinary action based upon properly obtained

laboratory results.

3. Drug Testing Kits

(a) Blood Sample Kits

The content of the blood sample kits shall be as follows:

(1) Security seals for sealing and initialing each collection container: and nylon reinforced shipping

seals or sealing flaps for securing the exterior of the blood kit.

(2) Non-alcohol antiseptic swab (providone-iodine 10%).

(3) Two (2) sterile evacuated blood collection tubes.

(4) Instructions for specimen collection and subject consent form, and chain of possession form.

The chain of possession form in the specimen collection kit shall be completed by the

hospital/clinic personnel during specimen collection and returned to the kit with the blood

specimens before sealing the entire kit. The exterior of the collection kit must then be secured.

(b) Urine Sample Kits

The contents of the urine collection kit shall be as follows:

(1) Two (2) screw-capped self-sealing tamper- resistant urine collection bottles.

(2) Security seals for sealing and initialing the urine bottles.

(3) Instructions for urine collection.

(4) Chain of possession form, with space for listing "current" medication(s) - including prescription

and non-prescription (e.g., "over-the-counter") medications.

(5) A self-adhesive mailing label and a separate set of nylon-reinforced shipping seals for re-sealing

the transportation container for use in the event that the second (2nd) part of the urine sample is to

be shipped to a different laboratory.

The chain of possession form in the urine collection kit shall be completed by the laboratory or ER

personnel and returned to the kit before sealing the entire kit. The exterior of the urine collection

kit shall then be secured.

C. Laboratory Requirements

1. Urine Testing

In testing urine samples, the testing laboratory shall test specifically for those drugs and classes of

drugs listed in Part (D), employing the test methodologies and cutoff levels specified in Part (D).

2. Specimen Retention

All specimens deemed "positive" by the laboratory, according to the prescribed guidelines, must be

retained, for identification purposes, at the laboratory for a period of six (6) months.

3. Split Sample Procedure

There will be an optional split sample procedure available to employees. When a test kit is

received by a laboratory, one (1) sealed urine specimen bottle shall be removed immediately for

testing. The remaining sealed bottle shall be immediately placed in secure refrigerated storage.

The employee will be given two (2) containers for the urine specimen. The two (2) containers must

be filled with no less than sixty (60) ml of urine in total and then forwarded to an accredited

laboratory for testing. If the laboratory tests the specimen as positive pursuant to the testing

methodology, upon request of the employee within twenty-four (24) hours, the second (2nd) urine

specimen will be forwarded by the laboratory to another independent and unrelated, approved

laboratory for testing of the presence of the abused substance. If an employee chooses to have the

second (2nd) sample analyzed, he/she shall at that time execute a special check-off authorization

form to insure payment by the employee. If the second (2nd) laboratory report is negative, the

employee will be reimbursed for the cost of the second (2nd) test. It is also understood that if an

employee opts for the split sample procedure, contractual time limits on disciplinary action are

waived.

4. Laboratory Accreditation

All laboratories used to perform urine testing pursuant to this Agreement will have to be accredited

by a national professional accrediting association, such as the College of American Pathologists

(CAP) or possess an interstate license.

D. Laboratory Testing Methodology

1. Urine Testing

The initial test screening shall be by immunoassay or thin-layer chromatography, which meets the

requirements of the Food and Drug Administration for commercial distribution. The initial

substance abuse screen consists of drugs listed in Appendix A. All specimens identified as positive

on the screening test shall be confirmed using gas chromatography/mass spectrometry (GS/MS)

techniques (with the exception of tricylcline antidepressant testing which requires special

techniques). GC/MS confirmation procedures to determine whether the test is negative or positive

for various classes of drugs shall be those contained in the Scientific and Technical Guidelines for

Federal Drug Testing Programs (subject to revision in accordance with subsequent amendments to

the HHS Guidelines).

All specimens, which test negative on either the initial test or the GC/MS confirmation test, shall be

reported only as negative. Only specimens which test positive on both the initial test and the

GC/MS confirmation test shall be reported as positive. (Again, with the exception of tricycline

antidepressant testing which requires special techniques).

In reporting a positive test result, the laboratory shall state the specific substance(s) for which the

test is positive and shall provide the quantitative or semi-quantitative results. All positive test

results must be reviewed by the certifying scientist or laboratory director and certified as accurate.

2. Blood Testing

In testing blood specimens, the testing laboratory will analyze blood/serum by using thin layer

chromatography, gas chromatography, enzymatic methods, EMIT methods or gas

chromatography/mass spectrometry as appropriate. A "positive" finding for cannabinoids will be

reported under any of the following results obtained after testing blood specimens.

(a) The blood/serum contains at least two (2) and up to five (5) nanograms THC/ml and at least ten

(10) nanograms THC metabolites/ml.

(b) The blood/serum contains at least five (5) or more nanograms THC/ml., regardless of the THC

metabolite concentration.

(c) The blood/serum contains twenty (20) or more nanograms THC metabolites/ml., regardless of

THC concentration.

If none of the above blood marijuana findings results are obtained, a "negative" finding shall be

reported.

Where other drugs in blood are detected, the laboratory is to report a positive test based on a

forensically acceptable positive quantum of proof. All positive test results must be reviewed by the

certifying scientist or laboratory director and certified as accurate.

3. Prescription and Non-Prescription Medications.

The employee shall note, on a form furnished by the Employer, the use of any prescription or

non-prescription medications before any test is given. The Employer may require the employee to

provide evidence that a prescription medication has been lawfully prescribed by a physician at the

time of testing and authorize ARH to contact that physician.

If an employee is taking a prescription or non- prescription medication in the appropriate prescribed

manner and has noted such use, as provided above, he/she will not be disciplined under the provisions

of this policy and procedure. Medications prescribed for another individual, not the employee, shall

be considered to be illegally used and subject the employee to discipline.

Employees deemed unfit for duty as a result of taking a prescription or non-prescription medication in

the appropriate manner will be relieved of duty. Employees will be tested to verify appropriate

prescription or non-prescription use.

Employees testing positive for prescription drug use within prescribed levels will be permitted to

return to work upon presenting evidence that a physician has altered the prescribed use of the

medication in such a manner as to render the employee fit for duty. Employees will be permitted to

use available sick leave and days absent will not count against the employee in the Absenteeism

Control Program.

II. DISCIPLINARY ACTION

A. Indefinite Suspension Based on Positive Test Results

In the event an employee tests positive for alcohol or drug use the employee will be placed on

immediate, indefinite suspension.

1. Treatment

An employee shall be permitted to take a leave of absence for the purposes of undergoing treatment in

an approved program of alcoholism or drug abuse, provided the employee has not committed any act

that would subject the employee to summary discharge. The employee would be permitted to utilize

sick leave, temporary disability, vacation and earned holidays. Such leave of absence shall be granted

on a one-time basis and shall be for a maximum of sixty (60) days, unless extended by mutual

agreement. While on such leave, the employee shall not receive any additional benefits of the

Collective Bargaining Agreement, except continued accrual of seniority and medical benefits. Any

cost of rehabilitation over and above that covered by the negotiated medical insurance plan, must be

borne by the employee.

2. Reinstatement

An employee that successfully completes the initial detoxification phase (three [3] to four [4] weeks)

of an alcohol and/or drug rehabilitation program and agrees to participate in regular counseling and/or

treatment sessions thereafter, will be granted reinstatement on a one-time basis under the provisions of

a "last chance" settlement agreement to include provisions for random alcohol and drug testing.

B. Discharge

1. An employee will be subject to discharge upon testing positive for alcohol or drug use, if the

employee refuses to participate in an approved drug and/or alcohol rehabilitation program under the

provisions of a "last chance" settlement.

2. An employee will be subject to discharge upon testing positive for alcohol or drug use while under

the provision of a "last chance" settlement agreement.

3. An employee will be subject to discharge for refusal to participate in alcohol and drug testing when

reasonable suspicion of alcohol or drug use has been advanced.

III. EMPLOYEE RIGHT TO CHALLENGE LABORATORY RESULTS

Any employee testing positive for alcohol or drug use will be afforded the opportunity to challenge the

test results by requesting that the second (2nd) specimen sample collected at the time of the first (1st)

specimen and kept in refrigerated storage be sent to an independent and unrelated approved laboratory

that meets the standards stated earlier.

The employee's right to challenge the laboratory results must be exercised within the first five (5) days

after notification of the indefinite suspension for a positive finding of substance abuse.

While an employee is pending test results the employee may request the use of accrued sick time,

vacation and/or holiday. Should the confirmatory testing prove negative, the employee will be

immediately reinstated and made whole.

Should the confirmatory testing prove positive, the employee will be held liable for the expense of the

confirmatory testing and subject to appropriate disciplinary action.

Appendix P

Addendum to Appendix P

No Change


I. Analgesics:

II. Hypnotics/Sedatives/Anticonvulsants:

III. Stimulants:

IV. Opium Alkaloids/Narcotics:

V. Tranquilizers:

VI. Tricycline Antidepressant

VII. Miscellaneous:

VIII. Volatile Compounds:

Excluded Personnel Memo

No Change


Appendix Q

INCENTIVE PAY FOR MEDICAL RECORDS TRANSCRIPTIONIST

No Change


1. 80- 89 minutes - Job grade 9

2. 90- 99 minutes - Job Grade 11

3. 100-109 minutes - Job Grade 13




Medical Transcriptionist will be upgraded, on the basis of their performance, on a daily basis.

Appendix R


MEDIATION

No Change


The parties understand and acknowledge mediation as an effective tool for conflict resolution.

In the event unresolved issues are raised by the parties either in local labor management

discussion or through grievances, the International Representative and ARH Director, Employee

& Labor Relations can agree to refer the matter for mediation. This in no way would abrogate

the grievance process currently in effect between the parties.

APPENDIX S

Documents

’s LAST, FINAL AND BEST - arh.org LBF... · The terms of the ARH’s LAST, FINAL AND BEST offer are ... C. Grievance Form ... referred to as “the Union” or the “United Steelworkers-USW-AFL-CIO